Report Title:
DCCA
Description:
Reduces by half all statutorily specified fees, including filing fees, of regulated programs under the department of commerce and consumer affairs.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1437 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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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:
SECTION 1. Section 412:9-102, Hawaii Revised Statutes, is amended to read as follows:
"§412:9-102 Annual license fee. On or before December 31 of each year, each financial services loan company shall pay to the commissioner an annual license fee of [$50] $25 for each license that it holds for the ensuing year. A financial services loan company whose application for a license was approved in December may pay to the commissioner the first annual license fee of [$50] $25 for the ensuing year on or before the expiration of thirty days after receiving notice of the approval of the financial services loan company's application."
SECTION 2. Section 414-13, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) The following fees shall be paid to the department director upon the filing of corporate documents:
(1) Articles of incorporation, [$100;] $50;
(2) Articles of amendment, [$50;] $25;
(3) Restated articles of incorporation, [$50;]$25;
(4) Articles of conversion or merger, [$200;] $100;
(5) Articles of merger (subsidiary corporation), [$100;] $50;
(6) Articles of dissolution, [$50;] $25;
(7) Annual report of domestic and foreign corporations organized for profit, [$25;] $13;
(8) Agent's statement of change of registered office, [$50] $25 for each affected domestic corporation or foreign corporation, except if simultaneous filings are made the fee is reduced to $1 for each affected domestic corporation or foreign corporation in excess of two hundred;
(9) Any other statement, report, certificate, application, or other corporate document, except an annual report, of a domestic or foreign corporation, [$50;] $25;
(10) Application for a certificate of authority, [$100;] $50;
(11) Application for a certificate of withdrawal, [$50;] $25;
(12) Reservation of corporate name, [$20;] $10;
(13) Transfer of reservation of corporate name, [$20;] $10;
(14) Good standing certificate, [$25;] $13;
(15) Special handling fee for review of corporation documents, excluding articles of conversion or merger, [$50;] $25;
(16) Special handling fee for review of articles of conversion or merger, [$150;] $125;
(17) Special handling fee for certificates issued by the department, [$25] $13 per certificate; and
(18) Special handling fee for certification of documents, [$25.] $13."
2. By amending subsection (d) to read:
"(d) The department director shall charge and collect:
(1) For furnishing a certified copy of any document, instrument, or paper relating to a corporation, [$20] $10 for the certificate and affixing the seal thereto; and
(2) At the time of any service of process on the department director as agent for service of process of a corporation, [$25,] $13, which amount may be recovered as taxable costs by the party to the suit or action causing the service to be made if the party prevails in the suit or action."
SECTION 3. Section 414D-5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§414D-5[]] Filing, service, and copying fees. The following fees shall be paid to the department director upon the filing of corporate documents:
(1) Articles of incorporation, [$50;] $25;
(2) Articles of amendment, [$20;] $10;
(3) Restated articles of incorporation, [$20;] $10;
(4) Articles of merger or consolidation, [$100;] $50;
(5) Articles of conversion, [$200;] $100;
(6) Articles of dissolution, [$20;] $10;
(7) Annual report of nonprofit domestic or foreign corporation, [$5;] $3;
(8) Any other statement, report, certificate, application, or other corporate document, except an annual report, of a nonprofit domestic or foreign corporation, [$20;] $10;
(9) Application for a certificate of authority, [$50;] $25;
(10) Application for a certificate of withdrawal, [$20;] $10;
(11) Reservation of corporate name, [$20;] $10;
(12) Transfer of reservation of corporate name, [$20;] $10;
(13) Good standing certificate, [$25;] $13;
(14) Special handling fee for review of corporation documents, excluding articles of merger or consolidation, [$50;] $25;
(15) Special handling fee for review of articles of conversion, merger, or consolidation, [$150;] $75;
(16) Special handling fee for certificates issued by the department, [$25] $13 per certificate;
(17) Special handling fee for certification of documents, [$25;] $13; and
(18) Agent's statement of change of registered office, [$20] $10 for each affected domestic corporation or foreign corporation; provided that if more than two hundred simultaneous filings are made, the fee shall be reduced to [$1] 50 cents for each affected domestic corporation or foreign corporation."
SECTION 4. Section 425-12, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The following fees shall be paid to the director upon the filing of general partnership documents:
(1) Partnership registration statement, [$25;] $13;
(2) Partnership change of name statement, [$25;] $13;
(3) Partnership dissolution statement, [$25;] $13;
(4) Foreign general partnership registration statement, [$25;] $13;
(5) Statement of change, [$25;] $13;
(6) Application for certificate of withdrawal, [$10;] $5;
(7) Statement of correction, [$25;] $13;
(8) Reservation of name, [$20;] $10;
(9) Transfer of reservation of name, [$20;] $10;
(10) Annual statement for domestic or foreign general partnership, [$10;] $5;
(11) Good standing certificate, [$25;] $13;
(12) Articles of conversion, [$200;] $100;
(13) Any other statement, certificate, or other document for a domestic or foreign general partnership, [$25;] $13;
(14) Special handling fee for review of any general partnership document, [$50;] $25;
(15) Special handling fee for certificates issued by the director, [$25] $13 per certificate;
(16) Special handling fee for certification of documents, [$25;] $13;
(17) Special handling fee for review of articles of conversion, [$150;] $75; and
(18) Agent's statement of change of address, [$20] $10 for each affected foreign general partnership; provided that if more than two hundred simultaneous filings are made, the fee shall be reduced to [$1] 50 cents for each affected foreign general partnership.
(b) The director shall charge and collect:
(1) For furnishing a certified copy of any document, instrument, or paper relating to a general partnership, [$20] $10 for the certificate and affixing the seal thereto; and
(2) At the time of any service of process on the director as agent for service of process of a general partnership, [$25,] $13, which amount may be recovered as taxable costs by the party to the suit or action causing the service to be made if the party prevails in the suit or action."
SECTION 5. Section 425-168, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:
"(a) The director shall collect the following fees for the following limited liability partnership documents:
(1) Annual report, [$25;] $13;
(2) Statement of qualification, [$50;] $25;
(3) Statement of foreign qualification, [$100;] $50;
(4) Statement of correction, amendment, restatement, or amendment and restatement, [$50;] $25;
(5) Certificate of good standing, [$25;] $13;
(6) Articles of conversion, [$200;] $100;
(7) For any other certificate, statement, or document, [$50;] $25;
(8) Certification of domestic or foreign partnership, [$20;] $10; and
(9) For each agent's statement of change of registered office, [$20] $10 for each affected domestic or foreign limited liability partnership; provided that if an agent files more than two hundred statements of change of registered office at the same time, the fee shall be reduced to [$1] 50 cents for each affected domestic or foreign limited liability partnership.
(b) The following special handling fees shall be assessed by the director for expeditious handling and review of the following documents:
(1) Statement of qualification, [$50;] $25;
(2) Statement of correction, amendment, restatement, or amendment and restatement, [$50;] $25;
(3) Annual report, [$50;] $25;
(4) Certification of domestic or foreign limited liability partnership, [$25;] $13;
(5) Certificate of good standing for domestic or foreign limited liability partnership, [$25;] $13;
(6) Articles of conversion for domestic or foreign limited liability partnership, [$150;] $75;
(7) Statement of foreign qualification, [$50;] $25;
(8) Statement of correction, amendment, restatement, or amendment and restatement of foreign limited liability partnership, [$50;] $25;
(9) Annual report, [$50;] $25; and
(10) For any other certificate or document authorized by this subpart, [$50.] $25.
(c) The director shall charge and collect:
(1) For furnishing a certified copy of any document, instrument, or paper relating to a limited liability partnership, [$20] $10 for the certificate and affixing the seal thereto; and
(2) At the time of any service of process on the director as agent for service of process of a limited liability partnership, [$25,] $13, which amount may be recovered as taxable costs by the party to the suit or action causing the service to be made if the party prevails in the suit or action."
SECTION 6. Section 425D-1107, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The following fees shall be paid to the director upon the filing of limited partnership documents:
(1) Certificate of limited partnership, [$50;] $25;
(2) Any certificate of amendment, restatement, or correction, [$20;] $10;
(3) Certificate of cancellation, [$20;] $10;
(4) Annual statement for domestic or foreign limited partnership, [$10;] $5;
(5) Any other certificate or document of domestic or foreign limited partnership, [$20;] $10;
(6) Application for registration as a foreign limited partnership, [$100;] $50;
(7) Any certificate of amendment or agent change for foreign limited partnership, [$20;] $10;
(8) Application for certificate of withdrawal of foreign limited partnership, [$20;] $10;
(9) Reservation of name, [$20;] $10;
(10) Transfer of reservation of name, [$20;] $10;
(11) Good standing certificate, [$25;] $13;
(12) Filing articles of conversion, [$200;] $100;
(13) Special handling fee for review of articles of conversion, [$150;] $75;
(14) Special handling fee for review of any limited partnership document, [$50;] $25;
(15) Special handling fee for certificates issued by the director, [$25] $13 per certificate;
(16) Special handling fee for certification of documents, [$25;] $13; and
(17) Agent's statement of change of address, [$20] $10 for each affected foreign limited partnership; provided that if more than two hundred simultaneous filings are made, the fee shall be reduced to [$1] 50 cents for each affected foreign limited partnership.
(b) The director shall charge and collect:
(1) For furnishing a certified copy of any document, instrument, or paper relating to a limited partnership, [$20] $10 for the certificate and affixing the seal thereto; and
(2) At the time of any service of process on the director as agent for service of process of a limited partnership, [$25,] $13, which amount may be recovered as taxable costs by the party to the suit or action causing the service to be made if the party prevails in the suit or action."
SECTION 7. Section 428-1301, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The following fees shall be paid to the director upon the filing and issuance of records under this chapter:
(1) Articles of organization, [$100;] $50;
(2) Articles of amendment, [$50;] $25;
(3) Restated articles of organization, [$50;] $25;
(4) Articles of merger or conversion, [$200;] $100;
(5) Statement of dissociation, [$50;] $25;
(6) Articles of termination, [$50;] $25;
(7) Application for reinstatement for administratively terminated limited liability company, [$50;] $25;
(8) Annual report, [$25;] $13;
(9) Statement of change of designated office or agent for service of process, or both, for limited liability company or foreign limited liability company, [$50;] $25;
(10) Agent's statement of change of address, [$50] $25 for each affected domestic limited liability company or foreign limited liability company; provided that if more than two hundred simultaneous filings are made, the fee shall be reduced to [$1] 50 cents for each affected domestic limited liability company or foreign limited liability company;
(11) Any other statement or document of a domestic or foreign limited liability company, [$50;] $25;
(12) Application for certificate of authority for foreign limited liability company, [$100;] $50;
(13) Application for cancellation of authority of foreign limited liability company, [$50;] $25;
(14) Reservation of name, [$25;] $13;
(15) Good standing certificate, [$25;] $13;
(16) Any other record not otherwise covered in this part, [$50;] $25;
(17) Certified copy of any record relating to a limited liability company or foreign limited liability company, [$20] $10 for the certificate and affixing the seal thereto;
(18) Special handling fee for review of any record other than articles of merger or conversion, [$50;] $25;
(19) Special handling fee for review of articles of merger or conversion, [$150;] $75;
(20) Special handling fee for certificate issued by the director not otherwise covered by this section, [$25] $13 per certificate;
(21) Special handling fee for certification of record, [$25;] $13; and
(22) Any service of notice, demand, or process upon the director as agent for service of process of a limited liability company or foreign limited liability company, [$25,] $13, which amount may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action."
SECTION 8. Section 431:7-101, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The commissioner shall collect in advance the following fees:
(1) Certificate of authority: Issuance [$900] $450
(2) Organization of domestic insurers and affiliated corporations:
(A) Application and all other papers required for issuance of solicitation permit, filing [$1,500] $750
(B) Issuance of solicitation permit [$150] $75
(3) Producer's license:
(A) Issuance, regular license [$75] $38
(B) Issuance, temporary license [$75] $38
(4) Nonresident producer's license: Issuance [$75] $38
(5) Independent adjuster's license: Issuance [$75] $38
(6) Public adjuster's license: Issuance [$75] $38
(7) Workers' compensation claims adjuster's limited license: Issuance [$75] $38
(8) Independent bill reviewer's license:
Issuance [$80] $40
(9) Limited producer's license: Issuance [$60] $30
(10) Managing general agent's license:
Issuance [$75] $38
(11) Reinsurance intermediary's license:
Issuance [$75] $38
(12) Surplus line broker's license:
Issuance [$150] $75
(13) Service contract provider's registration: Issuance [$75] $38
(14) Approved course provider certificate:
Issuance [$100] $50
(15) Approved continuing education course certificate: Issuance [$30] $15
(16) Vehicle protection product warrantor's registration: Issuance [$75] $38
(17) Examination for license: For each examination, a fee to be established by the commissioner.
(b) The fees for services of the department of commerce and consumer affairs subsequent to the issuance of a certificate of authority, license, or other certificate are as follows:
(1) [$600] $300 per year for all services (including extension of the certificate of authority) for an authorized insurer;
(2) [$75] $38 per year for all services (including extension of the license) for a regularly licensed producer;
(3) [$75] $38 per year for all services (including extension of the license) for a regularly licensed nonresident producer;
(4) [$45] $23 per year for all services (including extension of the license) for a regularly licensed independent adjuster;
(5) [$45] $23 per year for all services (including extension of the license) for a regularly licensed public adjuster;
(6) [$45] $23 per year for all services (including extension of the license) for a regularly limited licensed workers' compensation claims adjuster;
(7) [$60] $30 per year for all services (including extension of the license) for a regularly licensed independent bill reviewer;
(8) [$45] $23 per year for all services (including extension of the license) for a producer's limited license;
(9) [$75] $38 per year for all services (including extension of the license) for a regularly licensed managing general agent;
(10) [$75] $38 per year for all services (including extension of the license) for a regularly licensed reinsurance intermediary;
(11) [$45] $23 per year for all services (including extension of the license) for a licensed surplus line broker;
(12) [$75] $38 per year for all services (including renewal of registration) for a service contract provider;
(13) [$65] $33 per year for all services (including extension of the certificate) for an approved course provider;
(14) [$20] $10 per year for all services (including extension of the certificate) for an approved continuing education course; and
(15) [$75] $38 per year for all services (including renewal of registration) for a vehicle protection product warrantor.
The services referred to in paragraphs (1) to [[](15)[]] shall not include services in connection with examinations, investigations, hearings, appeals, and deposits with a depository other than the department of commerce and consumer affairs."
SECTION 9. Section 431:10C-115, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) The commissioner shall assess and levy upon each insurer, and self-insurer, a drivers education fund underwriters fee of [$3] $2 a year on each motor vehicle insured by each insurer or self-insurer. This fee is due and payable on an annual basis by means and at a time to be determined by the commissioner."
2. By amending subsection (c) to read:
"(c) The commissioner shall allocate the fees deposited for each fiscal year in the following manner:
(1) [$1] 50 cents per registration to the commissioner to be expended for the operation of the drivers education program provided in section 286-128(d); and
(2) [$2] $1 per registration to the director of commerce and consumer affairs for:
(A) The drivers education program administered by the department of education for high school students; and
(B) The traffic safety education program established and administered by the department of education pursuant to section 302A-417."
SECTION 10. Section 431:14-104, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Each filing shall be accompanied by a [$50] $25 fee payable to the commissioner, which fee shall be deposited in the commissioner's education and training fund."
SECTION 11. Section 431:14F-105, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Each filing shall be accompanied by a [$50] $25 fee payable to the commissioner, which fee shall be deposited in the commissioner's education and training fund."
SECTION 12. Section 449-14, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read follows:
"(a) The following fees shall be paid by licensed escrow depositories to the commissioner and, together with any administrative penalty or other charge assessed under this chapter, shall be deposited into the compliance resolution fund established pursuant to section 26-9(o):
(1) For filing and investigation of an escrow depository's application for license, [$2,000;] $1,000;
(2) For an application for approval to establish a branch office;
(3) For an application for approval to relocate an existing office or branch;
(4) For initial issuance and annual renewal of an escrow depository's license, [$100;] $50;
(5) For initial issuance and annual renewal of a branch office license, [$50;] $25;
(6) For reissuance of a license for the change in the business address of its office, [$25;] $13; and
(7) For an application for approval to cease business as an escrow depository.
(b) For all escrow depositories examined by the commissioner or the commissioner's staff, the commissioner:
(1) May charge an examination fee based upon the cost per hour per examiner. The hourly fee shall be [$40;] $20;
(2) May charge additional amounts for travel, per diem, mileage, and other reasonable expenses incurred in connection with the examination; and
(3) Shall bill the affected escrow depository for examination fees and expenses as soon as feasible after the close of the examination or investigation. The affected escrow depository shall pay the division within thirty days following the billing. All payments shall be deposited into the compliance resolution fund established pursuant to section 26-9(o). Any dispute by the affected escrow depository relating to these billings shall be reviewed by the commissioner who may modify, waive, or suspend any billing."
SECTION 13. Effective July 1, 2003, any fee charged by the department of commerce and consumer affairs or any agency attached to the department of commerce and consumer affairs, on the basis of rules adopted by the department or attached agency, shall be reduced to fifty per cent of the level established in the rules as they existed on January 1, 2003.
SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 15. This Act shall apply to any fees due or payable after its effective date.
SECTION 16. This Act shall take effect upon its approval.
INTRODUCED BY: |
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