Report Title:

Fee Surcharge

 

Description:

Adds a $5 surcharge to the fee charged by a state agency for certain services.  Requires the surcharge to be deposited into the general fund.  (HB39 HD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

39

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO STATE REVENUES.

 

 

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

 


     SECTION 1.  The purpose of this Act is to address fees.  More specifically, this Act:

     (1)  Adds a surcharge to the fee charged for certain services by a state agency; and

     (2)  Requires the deposit of the surcharge into the general fund.

     SECTION 2.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§92-     Surcharge to fee for certain services by a state agency.  (a)  Except as otherwise provided under subsection (b), from July 1, 2009, until June 30, 2015, there shall be added a surcharge of $5 to every fee charged by a state agency to a person for:

     (1)  The application for, or issuance or renewal of, a permit, license, certificate, registration, or other approval by a state agency;

     (2)  The application for a loan, loan guarantee, grant-in-aid, or purchase of service submitted to a state agency;

     (3)  The recordation of a document by, or filing of a document with, a state agency;

     (4)  The application for, or issuance or renewal of, a lease or other conveyance of real or personal property of a state agency;

     (5)  The application for, or issuance of, a tax clearance by the department of taxation;

     (6)  The acquisition of procurement solicitation documents from a state agency;

     (7)  The conduct of an inspection or test by a state agency; or

     (8)  The taking of an examination held by a state agency.

     The state agency shall collect the surcharge from the person and transmit it to the director of finance for deposit into the general fund.  The director of finance shall establish the deadlines by which the state agency shall transmit the surcharge to the director.

     (b)  No surcharge under this section shall be added to the following:

     (1)  Any service for which no fee is charged by the state agency providing the service;

     (2)  Any fine for a violation of law;

     (3)  Any application fee charged to an individual for public assistance, social services, health care, or housing that is provided to a low-income person or family;

     (4)  Any fee charged to a student by the department of education or the University of Hawaii;

     (5)  Any fee for the dissemination or copying of a public record;

     (6)  Any fee charged by a state agency to another state agency, a county agency, or federal agency;

     (7)  Any fee for admission to a state park, other recreational or cultural facility, the Aloha Stadium, a University of Hawaii athletic facility, or a public school extracurricular event;

     (8)  The invasive species inspection, quarantine, and eradication service fee established under section 150A-5.3;

     (9)  The aircraft landing fee established under authority of section 261-7.5;

    (10)  The passenger facility charge paid into the passenger facility charge special fund under section 261-5.5;

    (11)  Any dockage, wharfage, or demurrage fee established under authority of section 266-2;

    (12)  The glass container advance disposal fee established under section 342G-82;

    (13)  The deposit beverage container fee established under section 342G-102;

    (14)  The probation services fee assessed under sections 353-34 and 706-648;

    (15)  Any parolee or probationer interstate transfer fee established under section 353B-6;

    (16)  The drug testing or assessment fee established under section 353G-10; or

    (17)  Any fee for a service by a state agency not described under subsection (a).

     (c)  For the purposes of this section:

     "Fee" means a monetary amount charged by a state agency for a specified service by the agency.

     "State agency" means a state executive or judicial agency, including a court, and the office of Hawaiian affairs."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2009, and shall be repealed on June 30, 2015.