REPORT TITLE:
State Agency Fees


DESCRIPTION:
Amends various fees charged by state agencies for governmental
services.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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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 FEES.


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

 1      SECTION 1.  The legislature finds that as the State
 
 2 struggles with a prolonged fiscal crisis never before experienced
 
 3 in the history of the State, government must utilize all the
 
 4 resources at its disposal to ensure that governmental services
 
 5 continue to be provided.  To this end, the legislature believes
 
 6 that fees charged by state agencies must be closely scrutinized
 
 7 to ascertain whether the fee imposed accurately reflects the cost
 
 8 of providing such services.  The proper aligning of fees charged
 
 9 by state agencies will have the resultant benefit of freeing up
 
10 state resources for other areas in need of revenue.
 
11      The purpose of this Act is to increase fees charged by state
 
12 agencies to more accurately reflect the cost of providing
 
13 governmental services.
 
14      SECTION 2.  Chapter 184, Hawaii Revised Statutes, is amended
 
15 by adding a new section to be appropriately designated and to
 
16 read as follows:
 
17      "§184-     State park fees.  The department shall charge
 
18 fees in the amount of $1 for parking at state parks and
 
19 $           per night for camping at state parks."
 
20      SECTION 3.  Chapter 231, Hawaii Revised Statutes, is amended
 

 
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 1 by adding two new sections to be appropriately designated and to
 
 2 read as follows:
 
 3      "§231-     Fees on delinquent tax accounts, authorized.  The
 
 4 department, in addition to any other penalties or interest
 
 5 permitted to be charged by law, may adopt rules, pursuant to
 
 6 chapter 91, to set and collect fees on delinquent tax accounts to
 
 7 assist in supporting the costs of collection of those accounts.
 
 8 The fees shall be deposited into the delinquent returns special
 
 9 fund established in section 231-   .
 
10      §231-     Delinquent returns special fund, established.
 
11 There is established in the state treasury a special fund to be
 
12 known as the delinquent returns special fund, into which shall be
 
13 deposited revenues collected from fees on delinquent tax
 
14 accounts.  Moneys in the fund shall be expended by the department
 
15 to support the costs of collection activities of the department."
 
16      SECTION 4.  Chapter 302A, Hawaii Revised Statutes, is
 
17 amended by adding a new section to be appropriately designated
 
18 and to read as follows:
 
19      "§302A-     Fees.  The department shall assess the following
 
20 fees:
 
21      (1)  $           per participating child for daily school
 
22           bus transportation, each way; and
 
23      (2)  $           per participating child for student
 

 
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 1           athletic activities.
 
 2      The department, by rules adopted under chapter 91, may
 
 3 provide for a reduced fee or no fee for a child due to the
 
 4 economic circumstances of the child's family."
 
 5      SECTION 5.  Section 188-50, Hawaii Revised Statutes, is
 
 6 amended by amending subsections (a) and (b) to read as follows:
 
 7      "(a)  It is unlawful for any person, except children below
 
 8 nine years of age, to fish, take, or catch any introduced
 
 9 freshwater game fish without first obtaining a license.  Children
 
10 exempt by this section may fish, provided they are accompanied by
 
11 a licensed person.  The department of land and natural resources
 
12 may adopt rules pursuant to chapter 91 necessary for the purposes
 
13 of this chapter [and to set fees for freshwater game fish
 
14 fishing].
 
15      (b)  The licenses shall be issued by agents of the
 
16 department of land and natural resources upon written application
 
17 in such form as may be prescribed by the department together with
 
18 payment of a fee.  The application shall require a statement
 
19 under oath of the applicant's name, address, domicile or
 
20 residence, length of residence in the State, age, race, height,
 
21 weight, and color of hair and eyes.  All licenses shall expire
 
22 and become void one year from the date of issuance, except the
 
23 tourist license which shall expire and become void thirty days
 

 
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 1 after the date of issuance; provided that no fees or charges
 
 2 shall be made for licenses issued to persons sixty-five years of
 
 3 age or older.  A duplicate license may be issued upon affidavit
 
 4 that the original license has been lost or destroyed and upon the
 
 5 payment of a duplicate license fee.  The fees for licenses and
 
 6 duplicate licenses shall be [established by the department by
 
 7 rules adopted in accordance with chapter 91.  The department
 
 8 shall set the fees in an amount that, when combined with the fees
 
 9 provided for in sections 188-37 and 189-2, shall be reasonably
 
10 necessary to supplement the funding for:
 
11      (1)  Enforcement of this chapter and section 189-2; and
 
12      (2)  The activities set forth in section 187A-11.] $5."
 
13      SECTION 6.  Section 200-10, Hawaii Revised Statutes, is
 
14 amended by amending subsection (c) to read as follows:
 
15      "(c)  The permittee shall pay moorage fees to the department
 
16 for the use permit which shall be based on, but not limited to,
 
17 the use of the vessel, its effect on the harbor, use of
 
18 facilities, and the cost of administering this mooring program;
 
19 and, furthermore:
 
20      (1)  Moorage fees shall be [established by the department
 
21           and shall be higher] $           for residents and
 
22           $           for nonresidents;
 
23      (2)  An application fee shall be collected when applying for
 

 
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 1           moorage in state small boat harbors and shall
 
 2           thereafter be collected annually when the application
 
 3           is renewed.  The application fee shall be[:
 
 4           (A)  Set by the department; and
 
 5           (B)  Not less than $100] $           for residents and
 
 6                $           for nonresidents;
 
 7      (3)  If a recreational vessel is used as a place of
 
 8           principal habitation, the permittee shall pay, in
 
 9           addition to the moorage fee, a liveaboard fee which
 
10           shall be:
 
11           (A)  [$5.20] $           a foot of vessel length a
 
12                month if the permittee is a state resident; and
 
13           (B)  [$7.80] $           a foot of vessel length a
 
14                month if the permittee is a nonresident;
 
15           provided that the liveaboard fees established by this
 
16           subsection may be increased by the department at the
 
17           rate of the annual cost-of-living index, but not more
 
18           than five per cent in any one year, beginning January 1
 
19           of each year; and
 
20      (4)  If a vessel is used for commercial purposes from its
 
21           permitted mooring, the permittee shall pay, in lieu of
 
22           the moorage and liveaboard fee, a fee based on a
 
23           percentage of the gross revenues derived from the use
 

 
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 1           of the vessel which shall be not less than two times
 
 2           the moorage fee assessed for a recreational vessel of
 
 3           the same size."
 
 4      SECTION 7.  Section 302A-408, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§302A-408[]]  After-school and weekend programs.  The
 
 7 department and the appropriate county agencies may establish and
 
 8 regulate programs of after-school and weekend community-school
 
 9 activities for children, including but not limited to day-care
 
10 programs, arts and crafts, hula, ukulele, and other educational
 
11 or recreational projects, wherever feasible, at public school and
 
12 public park facilities.  In addition to any appropriation of
 
13 public funds, [reasonable] fees [established by the agencies
 
14 operating the programs may be collected from children enrolled,
 
15 in the furtherance of particular programs.] of $           per
 
16 child shall be charged for each child enrolled; provided that the
 
17 department by rule adopted under chapter 91 may reduce the fee
 
18 due to a child's family's economic circumstances or for more than
 
19 one child per family enrolled in the program.  The appropriate
 
20 agencies may obtain from time to time the services of persons in
 
21 a voluntary or unpaid capacity, exempt from chapters 76 and 77,
 
22 as may be necessary for carrying out the purposes of this
 
23 section, and may regulate their duties, powers, and
 

 
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 1 responsibilities when not otherwise provided by law.  Any person
 
 2 whose services have been so accepted, while engaged in the
 
 3 performance of duty under this section, shall be deemed a state
 
 4 employee or an employee of a political subdivision, as the case
 
 5 may be, in determining the liability of the State or the
 
 6 political subdivision for the negligent acts of these persons."
 
 7      SECTION 8.  Section 302A-435, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]§302A-435[]]  Financing adult and community education
 
10 program.  The financial support for this program shall be [in
 
11 part] from fees collected from students enrolled[, and in part
 
12 from public funds appropriated for this purpose].  Fees shall be
 
13 set in accordance with the recommendations of the advisory
 
14 council, and may be collected from students regularly enrolled;
 
15 provided that:
 
16      (1)  Adults registered with the department of labor and
 
17           industrial relations and unemployed shall be granted
 
18           free enrollment in such courses as will tend to assist
 
19           these persons in securing employment;
 
20      (2)  Adults certified by the department of human services as
 
21           indigent may be enrolled on a nonfee basis in classes
 
22           that will tend to assist these persons in becoming
 
23           self-sustaining;
 

 
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 1      (3)  Discharged veterans who are entitled to federal
 
 2           educational assistance shall be enrolled upon
 
 3           authorization of the Department of Veterans Affairs and
 
 4           fees shall be charged against federal funds in
 
 5           accordance with Department of Veterans Affairs contract
 
 6           regulations; and
 
 7      (4)  Administrative and supervisory costs, costs of
 
 8           instruction, and all other necessary expenses [not]
 
 9           shall be covered by fees and other authorized charges
 
10           [shall be paid for out of funds appropriated for this
 
11           purpose]."
 
12      SECTION 9.  All acts passed by the legislature during this
 
13 Regular Session of 1999, whether enacted before or after the
 
14 effective date of this Act, shall be amended to conform with this
 
15 Act unless such acts specifically provide that this Act is being
 
16 amended.
 
17      SECTION 10.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 11.  This Act shall take effect on July 1, 1999.