REPORT TITLE:
Departmental Fees Approval


DESCRIPTION:
Requires that all departmental fees adopted through
administrative rules be approved by the legislature.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1237
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FEES. 


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

 1      SECTION 1.  Chapter 91, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§91-    Rules regarding departmental and agency fees;
 
 5 legislative approval required.  (a)  No state departmental or
 
 6 agency administrative rule relating to establishing, raising, or
 
 7 lowering fees under its jurisdiction shall take effect prior to
 
 8 first obtaining legislative approval.
 
 9      (b)  Any rule establishing, raising, or lowering
 
10 departmental or agency fees shall be subject to disapproval by
 
11 the legislature in any regular or special session next following
 
12 the date of the rule completing the administrative process
 
13 established under chapter 91.  The department shall submit for
 
14 introduction to the legislature a concurrent resolution for
 
15 review of action on any rule that establishes, raises, or lowers
 
16 any departmental or agency fee twenty days prior to the start of
 
17 any regular or special session.  The concurrent resolution shall
 
18 contain a list of all rules proposing to establish, raise, or
 
19 lower departmental or agency fees by the appropriate department
 

 
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 1 or agency together with information supporting the action.
 
 2      (c)  Upon the approval by the legislature as established in
 
 3 subsection (b) and compliance with section 91-4, the rules
 
 4 adopted pursuant to this section shall have the same force and
 
 5 effect as rules adopted pursuant to this chapter and not subject
 
 6 to this section."
 
 7      SECTION 2.  Section 91-4, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (b) to read as follows:
 
 9      "(b)  Each rule hereafter adopted, amended, or repealed
 
10 shall become effective ten days after filing with the lieutenant
 
11 governor in the case of the State, except as provided in
 
12 section 91-    , or with the respective county clerks in the case
 
13 of the counties.
 
14      (1)  If a later effective date is required by statute or
 
15           specified in the rule, the later date shall be the
 
16           effective date; provided that no rule shall specify an
 
17           effective date in excess of thirty days after the
 
18           filing of the rule as provided herein.
 
19      (2)  An emergency rule shall become effective upon filing
 
20           with the lieutenant governor in the case of the State,
 
21           or with the respective county clerks in the case of the
 
22           counties, for a period of not longer than one hundred
 
23           twenty days without renewal unless extended in
 

 
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 1           compliance with [the provisions of subdivisions (1) and
 
 2           (2) of] section 91-3(a)[,] (1) and (2), if the agency
 
 3           finds that immediate adoption of the rule is necessary
 
 4           because of imminent peril to the public health, safety,
 
 5           or morals.  The agency's finding and brief statement of
 
 6           the reasons therefor shall be incorporated in the rule
 
 7           as filed.  The agency shall make an emergency rule
 
 8           known to persons who will be affected by it by
 
 9           publication at least once in a newspaper of general
 
10           circulation in the State for state agencies and in the
 
11           county for county agencies within five days from the
 
12           date of filing of the rule."
 
13      SECTION 3.  Section 92-28, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§92-28  State service fees; increase or decrease of.  (a)
 
16 Any law to the contrary notwithstanding, the fees or other nontax
 
17 revenues assessed or charged by any board, commission, or other
 
18 governmental agency may be increased or decreased by the body in
 
19 an amount not to exceed fifty per cent of the statutorily
 
20 assessed fee or nontax revenue, in order to maintain a reasonable
 
21 relation between the revenues derived from such fee or nontax
 
22 revenue and the cost or value of services rendered, comparability
 
23 among fees imposed by the State, or any other purpose which it
 

 
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                                     S.B. NO.           1237
                                                        
                                                        

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

 
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                                     S.B. NO.           1237
                                                        
                                                        

 
 1           the public notice and public hearing requirements of
 
 2           chapter 91."
 
 3      SECTION 4.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 5.  This Act shall take effect on July 1, 1999.
 
 6 
 
 7                           INTRODUCED BY:  _______________________