REPORT TITLE:
Fees


DESCRIPTION:
Places cap on government copying fees.  Preempts contrary county
law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2713
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FEES.



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

 1      SECTION 1.  The legislature finds that present law on
 
 2 government copying fees requires that both the State and counties
 
 3 charge at least a minimum 5 cent per page copying fee.  However,
 
 4 the law does not specify a maximum fee that the State and
 
 5 counties must follow.  The legislature further finds that the
 
 6 lack of a specific cap on fees leaves open the possibility that
 
 7 fees charged by public agencies will provide profit rather than
 
 8 reimbursement to the agencies.  The legislature further finds
 
 9 that government copying fees should not be arbitrary, unfair,
 
10 unnecessarily high, unpredictable, or unstable.  The purpose of
 
11 this Act is to place a cap on government copying fees within both
 
12 state government and the counties as well.  Also, the purpose of
 
13 this Act is to clarify that state law on fees for copies of
 
14 government records preempts any county law to the contrary.
 
15      SECTION 2.  Chapter 92, Hawaii Revised Statutes, is amended
 
16 by adding a new section to part III to be appropriately
 
17 designated and to read as follows:
 
18      "§92-    Preemption.  (a)  It is the intent of the
 
19 legislature to occupy the entire field of regulation in all
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 matters that are the subject of this part.
 
 2      (b)  Notwithstanding any other law to the contrary, no
 
 3 county shall enact any ordinances or adopt any rules contrary to
 
 4 the requirements of this part.  All such ordinances and rules are
 
 5 declared void."
 
 6      SECTION 3.  Section 92-21, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§92-21  Copies of records; other costs and fees.  Except as
 
 9 otherwise provided by law, a copy of any government record,
 
10 including any map, plan, diagram, photograph, photostat, or
 
11 geographic information system digital file, which is open to the
 
12 inspection of the public, shall be furnished to any person
 
13 applying the same by the public officer having charge or control
 
14 thereof upon the payment of the reasonable cost of reproducing
 
15 such copy.  Except as provided in section 91-2.5, the cost of any
 
16 government record, except geographic information system digital
 
17 data, shall not be [less than 5] more than 25 cents per page,
 
18 sheet, or fraction thereof.  The cost of reproducing geographic
 
19 information system digital data shall be in accordance with rules
 
20 adopted by the agency having charge or control of that data.
 
21 Such reproduction cost shall include but shall not be limited to
 
22 labor cost for search and actual time for reproducing, material
 
23 cost, including electricity cost, equipment cost, including
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 rental cost, cost for certification, and other related costs. All
 
 2 fees shall be paid in by the public officer receiving or
 
 3 collecting the same to the state director of finance, the county
 
 4 director of finance, or to the agency or department by which the
 
 5 officer is employed, as government realizations; provided that
 
 6 the fees collected by the public utilities commission pursuant to
 
 7 this section shall be deposited in the public utilities
 
 8 commission special fund established under section 269-33."
 
 9      SECTION 4.  Section 92-28, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§92-28  State service fees; increase or decrease of.  Any
 
12 law to the contrary notwithstanding, the fees or other nontax
 
13 revenues assessed or charged by any board, commission, or other
 
14 governmental agency may be increased or decreased by the body in
 
15 an amount not to exceed fifty per cent of the statutorily
 
16 assessed fee or nontax revenue, in order to maintain a reasonable
 
17 relation between the revenues derived from such fee or nontax
 
18 revenue and the cost or value of services rendered, comparability
 
19 among fees imposed by the State, or any other purpose which it
 
20 may deem necessary and reasonable; provided that fees for copies
 
21 of records shall not exceed 25 cents per page; provided that:
 
22      (1)  The authority to increase or decrease fees or nontax
 
23           revenues shall be subject to the approval of the
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           governor and extend only to the following:  chapters
 
 2           36, 92, 94, 142, 144, 145, 147, 150, 171, 188, 189,
 
 3           231, 269, 271, 321, 338, 373, 412, 415, 421, 425, 431,
 
 4           438, 439, 440, 442, 447, 448, 452, 453, 455, 456, 457,
 
 5           458, 459, 460, 461, 463, 464, 466, 467, 469, 471, 482,
 
 6           485, 501, 502, 505, 572, 574, and 846 (part II);
 
 7      (2)  The authority to increase or decrease fees or nontax
 
 8           revenues established by the University of Hawaii under
 
 9           chapters 304, 305, 306, and 308 shall be subject to the
 
10           approval of the board of regents; provided that the
 
11           board's approval of any increase or decrease in tuition
 
12           for regular credit courses shall be preceded by an open
 
13           public meeting held during or prior to the semester
 
14           preceding the semester to which the tuition applies;
 
15      (3)  This section shall not apply to judicial fees as may be
 
16           set by any chapter cited in this section;
 
17      (4)  The authority to increase or decrease fees or nontax
 
18           revenues pursuant to this section shall be exempt from
 
19           the public notice and public hearing requirements of
 
20           chapter 91; and
 
21      (5)  Fees for copies of proposed and final rules and public
 
22           notices of proposed rulemaking actions under chapter 91
 
23           shall not exceed 10 cents a page, as required by
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           section 91-2.5."
 
 2      SECTION 5.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 6.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:  _______________________