Bill Text: HI HB1728 | 2010 | Regular Session | Introduced
Bill Title: Administratively Established Fees; Fees and Other Assessments
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1728 Detail]
Download: Hawaii-2010-HB1728-Introduced.html
Report Title:
Administrative Agencies; Fees; Increase
Description:
Provides flexibility for administrative agencies to increase fees.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1728 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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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:
SECTION 1. The purpose of this Act is to give administrative agencies more flexibility to increase fees.
SECTION 2. Section 92-28, Hawaii Revised Statutes, is amended to read as follows:
"§92-28 State service fees; increase
or decrease of. Any law to the contrary notwithstanding, the fees or other
nontax revenues assessed or charged by any board, commission, or other
governmental agency may be increased or decreased by the body [in an amount
not to exceed fifty per cent of the statutorily assessed fee or nontax revenue,]
to maintain a reasonable relation between the revenues derived from [such]
the fee or nontax revenue and the cost or value of the services
rendered[, comparability among fees imposed by the State, or any other
purpose which it may deem necessary and reasonable;] to the payer or
regulatory protection provided to the public; provided that:
(1) [The authority to increase or decrease fees or
nontax revenues shall be subject to the approval of the governor and extend
only to the following: chapters 36, 92, 94, 142, 144, 145, 147, 150, 171, 188,
189, 231, 269, 271, 321, 338, 373, 412, 414, 414D, 415A, 417E, 419, 421, 421C,
421H, 421I, 425, 425E, 428, 431, 436E, 437, 437B, 438, 439, 440, 441, 442,
443B, 444, 447, 448, 448E, 448F, 448H, 451A, 451J, 452, 453, 453D, 454, 455,
456, 457, 457A, 457B, 457G, 458, 459, 460, 460J, 461, 461J, 462A, 463, 463E,
464, 465, 466, 466K, 467, 467E, 468E, 468L, 468M, 469, 471, 482, 482E, 484,
485A, 501, 502, 505, 514A, 514B, 514E, 572, 574, and 846 (part II);] This
section shall not apply to fees or nontax revenues of the department of
commerce and consumer protection that are subject to section 26-9(1);
[(2) The authority to increase or decrease
fees or nontax revenues under the chapters listed in paragraph (1) that are
established by the department of commerce and consumer affairs shall apply to
fees or nontax revenues established by statute or rule;
(3) The authority to increase or decrease]
(2) This section shall not apply to fees or nontax revenues established
by the University of Hawaii under chapter 304A [shall be subject to the
approval of the board of regents; provided that the board's approval of any
increase or decrease in tuition for regular credit courses shall be preceded by
an open public meeting held during or prior to the semester preceding the
semester to which the tuition applies];
[(4)] (3) This section shall not apply
to judicial fees [as may be set by any chapter cited in this section];
[(5)] (4) The authority to increase or
decrease fees or nontax revenues pursuant to this section shall be exempt from
the public notice and public hearing requirements of chapter 91[;] and the
small business review requirements of chapter 201M; and
[(6)] (5) Fees for copies of proposed
and final rules and public notices of proposed rulemaking actions under chapter
91 shall not exceed 10 cents a page, as required by section 91-2.5."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2009 and shall be repealed on June 30, 2015; provided that on the repeal of this Act, section 92-28, Hawaii Revised Statutes, shall be reenacted in the form in which it read on June 30, 2009.
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INTRODUCED BY: |
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