Report Title:

Administratively Established Fees; Fees and Other Assessments

 

Description:

Removes administrative agencies' authority to establish fees and replaces administratively established fees with statutory fees.  Effective 7/1/2050.  (SD2)

 


THE SENATE

S.B. NO.

1343

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 2

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FEES AND OTHER ASSESSMENTS.

 

 

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

 


     SECTION 1.  Section 26-9, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (l) to read:

     "(l)  Any law to the contrary notwithstanding, the director of commerce and consumer affairs may[:] impose and collect fees for:

     (1)  [Establish, increase, decrease, or repeal fees relating to any aspect of the] The registration, certification, licensure, or any other administrative process for all laws within the jurisdiction of the department[.  Amendments to fee assessments shall be made pursuant to chapter 91;];

     (2)  [Assess fees for copies] Copies in any form of media of the computerized records of the business registration division [or], in the amount of $          ; [for] electronic access to the computerized information on a one-time [or] basis, in the amount of $          ; and electronic access on an on-going basis[.  The fees charged for the copies or access may include billing service fees, network usage fees, and computer consultant fees.  In adopting these fees, the director shall take into account the intent to make the division self-supporting.  To this end, the fees may reflect the commercial value of the service or information provided.  In the case of requests for records by a nonprofit organization, the director may reduce or waive the fees.  This paragraph shall control in any instance where there is a conflict between this paragraph and any other statute;], in the amount of $          ; and

     (3)  [Assess fees for copies] Copies of consumer and business educational publications prepared or issued by the department[.], in the amount of $          .  Fees collected under this paragraph shall be deposited into the compliance resolution fund under subsection (o).  In the case of requests for copies by a nonprofit organization, the director may reduce or waive the fees.  For purposes of this paragraph, "consumer and business educational publications" does not include copies of statutes or administrative rules.

     The fees collected by the professional and vocational licensing division and the business registration division shall be deposited into the compliance resolution fund under subsection (o).

     The director may appoint program specialists, not subject to chapter 76, to assist with the activities of the professional and vocational licensing division."

     2.  By amending subsection (o) to read:

     "(o)  Every person licensed under any chapter within the jurisdiction of the department of commerce and consumer affairs and every person licensed subject to chapter 485A or registered under chapter 467B shall pay upon issuance of a license, permit, certificate, or registration a fee of $           and a subsequent annual fee [to be determined by the director and adjusted from time to time to ensure that the proceeds, together with all other fines, income, and penalties collected under this section, do not surpass the annual operating costs of conducting compliance resolution activities required under this section.] of $          .  The fees may be collected biennially or pursuant to rules adopted under chapter 91, and shall be deposited into the special fund established under this subsection.  Every filing pursuant to chapter 514E or section 485A-202(a)(26) shall be assessed, upon initial filing and at each renewal period in which a renewal is required, a fee [that shall be prescribed by rules adopted under chapter 91, and] of $           that shall be deposited into the special fund established under this subsection.  Any unpaid fee shall be paid by the licensed person, upon application for renewal, restoration, reactivation, or reinstatement of a license, and by the person responsible for the renewal, restoration, reactivation, or reinstatement of a license, upon the application for renewal, restoration, reactivation, or reinstatement of the license.  If the fees are not paid, the director may deny renewal, restoration, reactivation, or reinstatement of the license.  [The director may establish, increase, decrease, or repeal the fees when necessary pursuant to rules adopted under chapter 91.  The director may also increase or decrease the fees pursuant to section 92-28.]

     There is created in the state treasury a special fund to be known as the compliance resolution fund to be expended by the director's designated representatives as provided by this subsection.  Notwithstanding any law to the contrary, all revenues, fees, and fines collected by the department shall be deposited into the compliance resolution fund.  Unencumbered balances existing on June 30, 1999, in the cable television fund under chapter 440G, the division of consumer advocacy fund under chapter 269, the financial institution examiners' revolving fund, section 412:2-109, the special handling fund, section 414-13, and unencumbered balances existing on June 30, 2002, in the insurance regulation fund, section 431:2-215, shall be deposited into the compliance resolution fund.  This provision shall not apply to the drivers education fund underwriters fee, section 431:10C-115, insurance premium taxes and revenues, revenues of the workers' compensation special compensation fund, section 386-151, the captive insurance administrative fund, section 431:19-101.8, the insurance commissioner's education and training fund, section 431:2-214, the medical malpractice patients' compensation fund as administered under section 5 of Act 232, Session Laws of Hawaii 1984, and fees collected for deposit in the office of consumer protection restitution fund, section 487-14, the real estate appraisers fund, section 466K-1, the real estate recovery fund, section 467-16, the real estate education fund, section 467-19, the contractors recovery fund, section 444-26, the contractors education fund, section 444-29, the condominium management education fund, section 514A-131, and the condominium education trust fund, section 514B-71.  Any law to the contrary notwithstanding, the director may use the moneys in the fund to employ, without regard to chapter 76, hearings officers and attorneys.  All other employees may be employed in accordance with chapter 76.  Any law to the contrary notwithstanding, the moneys in the fund shall be used to fund the operations of the department.  The moneys in the fund may be used to train personnel as the director deems necessary and for any other activity related to compliance resolution.

     As used in this subsection, unless otherwise required by the context, "compliance resolution" means a determination of whether:

     (1)  Any licensee or applicant under any chapter subject to the jurisdiction of the department of commerce and consumer affairs has complied with that chapter;

     (2)  Any person subject to chapter 485A has complied with that chapter;

     (3)  Any person submitting any filing required by chapter 514E or section 485A-202(a)(26) has complied with chapter 514E or section 485A-202(a)(26);

     (4)  Any person has complied with the prohibitions against unfair and deceptive acts or practices in trade or commerce; or

     (5)  Any person subject to chapter 467B has complied with that chapter;

and includes work involved in or supporting the above functions, licensing, or registration of individuals or companies regulated by the department, consumer protection, and other activities of the department.

     The director shall prepare and submit an annual report to the governor and the legislature on the use of the compliance resolution fund.  The report shall describe expenditures made from the fund including non-payroll operating expenses."

     SECTION 2.  Section 141-2.6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§141-2.6[]]  Fees for aquaculture services.  (a)  The department of agriculture may [establish and assess fees pursuant to chapter 91 for:

     (1)  Aquatic] impose and collect a fee of $           for animal and plant health diagnostic services[; and

     (2)  Any]. 

     (b)  The department may impose and collect a fee of $           for items or expert services purchased from the department related to aquaculture planning, disease management, and the marketing of seafood products[; provided that the assessment of these fees does not violate any other provision of this chapter]."

     SECTION 3.  Section 142-98, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of agriculture may [establish and assess] impose and collect fees [pursuant to chapter 91] of $           for facilities usage, vaccination programs, emergency transportation of quarantined animals, insecticides, medication, and other goods and services deemed necessary and provided by the department of agriculture in enforcing the provisions of this chapter[; provided that the assessment of these fees does not violate any other provision of this chapter]."

     SECTION 4.  Section 149A-13.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The department may [set] impose and collect fees of $           for the educational services and training provided under this section."

     SECTION 5.  Section 150A-48, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The department may [set] impose and collect fees[, by rule,] of $           for educational workshops for certified importers or applicants for certification."

     SECTION 6.  Section 201-2.5, Hawaii Revised Statutes, is amended to read as follows:

     "§201-2.5  Fees for services rendered and products provided.  [(a)]  The department of business, economic development, and tourism may [establish reasonable] impose and collect fees of $           for services rendered and products provided by the department.  [The department shall maintain a reasonable relationship between the revenues derived from fees and the cost or fair value of services rendered and products provided.

     (b)  The department shall adopt rules pursuant to chapter 91 to carry out its responsibilities under this section.]"

     SECTION 7.  Section 201-18, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The fund shall be administered by the department of business, economic development, and tourism.  Appropriations or authorizations from the fund shall be expended by the department.  The department may contract with other public or private entities for the provision of all or a portion of the services necessary for the administration and implementation of the loan fund program.  The department may [set] impose and collect fees or charges of $           for fund management and technical site assistance provided under this section.  The department may adopt rules pursuant to chapter 91 to carry out the purposes of this section."

     SECTION 8.  Section 201H-15, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The corporation shall adopt rules under chapter 91 necessary to comply with federal and state requirements for determining the amount of the tax credit allowed under section 42 of the Internal Revenue Code of 1986, as amended, and section 235-110.8.  The corporation may [establish] impose and collect [reasonable] fees of $           for [administrative expenses incurred in providing] the services required by this section[, including fees for processing developer applications for the credit].  All fees collected for administering these provisions, including developer application fees, shall be used to cover the administrative expenses of the corporation."

     SECTION 9.  Section 201H-36, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The corporation may [establish, revise,] charge, and collect a [reasonable service fee, as necessary, in connection with its] fee of $           for approvals and certifications under this section.  The fees collected under this section shall be deposited into the dwelling unit revolving fund."

     SECTION 10.  Section 201H-100, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§201H-100[]]  Housing loan programs; fees.  The corporation may [establish, revise,] charge[,] and collect fees, premiums, and charges [as necessary, reasonable, or convenient,] of $           for its housing loan programs.  The fees, premiums, and charges shall be deposited into the housing loan program revenue bond special fund established for the particular housing loan program or part thereof from which the fees, premiums, and charges are derived as determined by the corporation."

     SECTION 11.  Section 201H-144, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The corporation may [establish, revise,] charge[,] and collect fees, premiums, and charges [as necessary, reasonable, or convenient in connection with its] of $           for its housing loan programs established under this subpart.  The fees, premiums, and charges shall be deposited into funds as determined by the corporation."

     SECTION 12.  Section 205-4.1, Hawaii Revised Statutes, is amended to read as follows:

     "§205-4.1  Fees.  The commission may [establish reasonable] charge and collect fees of $           for the filing of boundary amendment petitions and petitions for intervention [to cover the cost of processing thereof] and for the reproduction of maps and documents.  The commission also may assess a reasonable fee or require reimbursements to be made for court reporter expenses, the inexcusable absence of a party from a boundary amendment proceeding, and any other reimbursements for hearing expenses as determined by the commission.  Any fees collected shall be deposited to the credit of the general fund."

     SECTION 13.  Section 206E-113, Hawaii Revised Statutes, is amended to read as follows:

     "§206E-113  Reserved housing loan programs; fees.  The authority may [establish, revise,] charge[,] and collect fees, premiums, and charges [as necessary, reasonable, or convenient,] of $           for its reserved housing loan programs.

     The fees, premiums, and charges shall be deposited into the reserved housing loan program revenue bond special fund established for the particular reserved housing loan program or part thereof from which the fees, premiums and charges are derived as determined by the authority."

     SECTION 14.  Section 261-7, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  Except as otherwise provided in this section, in each case mentioned in subsection (a)(1), (2), (3), and (4), the department may establish the terms and conditions of [the contract, lease, license, or other arrangement, and may fix the charges, rentals, or fees] contracts, leases, licenses, or other arrangements, including capital improvement projects approved by the legislature, for the purpose of meeting the expenditures of the statewide system of airports set forth in section 261-5(a).  The department may impose and collect fees of $           for [the] privileges, services, or things granted, conferred, or made available[, for the purpose of meeting the expenditures of the statewide system of airports set forth in section 261-5(a), which includes expenditures for capital improvement projects approved by the legislature.  Such charges shall be reasonable and uniform for the same class of privilege, service, or thing]."

     2.  By amending subsection (e) to read:

     "(e)  The department may [fix and regulate, from time to time, reasonable] impose and collect landing fees of $           for aircraft[, including the imposition of landing surcharges or differential landing fees, and other reasonable charges for the use and enjoyment of the airports and the services and facilities furnished by the department in connection therewith, including the establishment of a statewide system of airports landing fees, a statewide system of airports support charges, and joint use charges for the use of space shared by users, which fees and charges may vary among different classes of users such as foreign carriers, domestic carriers, inter-island carriers, air taxi operators, helicopters, and such other classes as may be determined by the director, for the purpose of meeting the expenditures of the statewide system of airports set forth in section 261-5(a), which includes expenditures for capital improvement projects approved by the legislature].

     [In setting airports rates and charges, including landing fees, the director may enter into contracts, leases, licenses, and other agreements with aeronautical users of the statewide system of airports containing such terms, conditions, and provisions as the director deems advisable.

     If the director has not entered into contracts, leases, licenses, and other agreements with any or fewer than all of the aeronautical users of the statewide system of airports prior to the expiration of an existing contract, lease, license, or agreement, the director shall set and impose rates, rentals, fees, and charges pursuant to this subsection without regard to the requirements of chapter 91; provided that a public informational hearing shall be held on the rates, rentals, fees, and charges.]

     The [director shall develop rates, rentals, fees, and charges in accordance with a residual methodology so that the] statewide system of airports shall be, and shall always remain, self-sustaining.  The rates, rentals, fees, and charges shall be set at [such levels as] $           to produce revenues which, together with aviation fuel taxes, shall be at least sufficient to meet the expenditures of the statewide system of airports set forth in section 261-5(a), including expenditures for capital improvement projects approved by the legislature, and to comply with covenants and agreements with holders of airport revenue bonds.

     [The director may develop and formulate methodology in setting the various rates, rentals, fees, and charges imposed and may determine usage of space, estimate landed weights, and apply such portion of nonaeronautical revenue deemed appropriate in determining the rates, rentals, fees, and charges applicable to aeronautical users of the statewide system of airports.

     The rates, rentals, fees, and charges determined by the director in the manner set forth in this subsection shall be those charges payable by the aeronautical users for the periods immediately following the date of expiration of the existing contract, lease, license, or agreement.  If fees are established pursuant to this section, the department shall prepare a detailed report on the circumstances and rates and charges that have been established, and shall submit the report to the legislature no later than twenty days prior to the convening of the next regular session.

     If a schedule of rates, rentals, fees, and charges developed by the director in accordance with this section is projected by the department to produce revenues which, together with aviation fuel taxes, will be in excess of the amount required to meet the expenditures of the statewide system of airports set forth in section 261-5(a), including expenditures for capital improvement projects approved by the legislature, and to comply with covenants and agreements with holders of airport revenue bonds, the department shall submit the schedule of rates, rentals, fees, and charges to the legislature prior to the convening of the next regular session of the legislature.  Within forty-five days after the convening of the regular session, the legislature may disapprove any schedule of rates, rentals, fees, and charges required to be submitted to it by this section by concurrent resolution.  If no action is taken by the legislature within the forty-five-day period the schedule of rates, rentals, fees, and charges shall be deemed approved.  If the legislature disapproves the schedule within the forty-five-day period, the director shall develop a new schedule of rates, rentals, fees, and charges in accordance with this section within seventy-five days of the disapproval.  Pending the development of a new schedule of rates, rentals, fees, and charges, the schedule submitted to the legislature shall remain in force and effect.]

     Notwithstanding any other provision of law to the contrary, the department may waive landing fees and other aircraft charges established under this section at any airport owned or controlled by the State whenever:

     (1)  The governor declares a state of emergency; and

     (2)  The department determines that the waiver of landing fees and other charges for the aircraft is consistent with assisting in the delivery of humanitarian relief to disaster-stricken areas of the State."

      3.  By amending subsections (g) and (h) to read:

     "(g)  The department [from time to time] may [establish] impose and collect a developmental [rates] rate for buildings and land areas used exclusively for general aviation activities [at rates not less than].  The rate shall be fifty per cent of the fair market rentals of the buildings and land areas [and].  The department may restrict the extent of buildings and land areas to be used.

     (h)  [Notwithstanding any laws to the contrary, the department may establish, levy, assess, and collect] The rental motor vehicle customer facility charges, which shall be paid to the department periodically as determined by the department[.], shall be $          .  These charges shall be used to pay for, or finance on a long-term basis where appropriate, the design, planning, construction, and other uses of the rental motor vehicle customer facility charges as set forth by the rental motor vehicle customer facility charge special fund in section 261-5.6.

     The rental motor vehicle customer facility charges shall be levied, assessed, and collected from all rental motor vehicle customers who benefit from the use of any type of rental motor vehicle facility or service provided by the department at a state airport.

All rental motor vehicle customer facility charges shall be collected by lessors as defined in section 437D-3 and who operate a car rental concession awarded by the department at a state airport; provided that customers of lessors, as defined in section 437D-3, who do not operate a car rental concession at a state airport but whose customers benefit from the use of a car rental facility or service at a state airport paid for by rental motor vehicle customer facility charges, shall collect from such car rental customers, rental motor vehicle customer facility charges in an amount determined by the department that represents a fair share of the cost and ongoing expenses relating to customer use of such a facility or service.  All rental motor vehicle customer facility charges collected by such lessor shall be paid to the department.

     Notwithstanding any law to the contrary, the department may contract the management, maintenance, and operations of the facility and related services with airport concessions or their designee that share in the use of a rental motor vehicle customer facility at a state airport."

     SECTION 15.  Section 304A-2152, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The [university may establish appropriate charges and fees] fee to individuals who are provided professional liability coverage under this section[, the] shall be $          .  The proceeds [of which] collected by the university under this section shall be deposited in accounts and credited to the University of Hawaii at Manoa malpractice special fund."

     SECTION 16.  Section 304A-2156, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the University of Hawaii community services special fund.  Except as otherwise provided by law, all revenues, including interest, derived and collected from the university's provision of public service programs shall be deposited into the University of Hawaii community services special fund.  The university may [establish] impose and collect fees [and charges] of $           for public service programs.  All revenues deposited into the University of Hawaii community services special fund shall be used exclusively for the costs of providing public service programs.  The university may establish accounts under the community services special fund to facilitate the administration of this fund among the various campuses and operating units of the University of Hawaii system.  All expenditures from this fund shall be subject to legislative appropriation."

     SECTION 17.  Section 304A-2157, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the University of Hawaii auxiliary enterprises special fund.  Except as otherwise provided by law, all revenues, including interest, derived and collected from the university's provision of auxiliary services shall be deposited into the University of Hawaii auxiliary enterprises special fund and shall be expended solely for the costs of providing these services.  The university may [establish] impose and collect fees [and charges] of $           for the costs of providing these services.  The university also may transfer other funds into the University of Hawaii auxiliary enterprises special fund to offset the cost of these services.  The university may establish accounts under the University of Hawaii auxiliary enterprises special fund to facilitate the administration of this fund among the various campuses and operating units of the University of Hawaii system.  All expenditures from this fund shall be subject to legislative appropriation."

     SECTION 18.  Section 304A-2274, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

     "[[]§304A-2274[]]  University of Hawaii real property and facilities use revolving fund.  (a)  There is established the University of Hawaii real property and facilities use revolving fund into which shall be deposited all revenues collected by the university for the use of university real property and facilities, except as otherwise provided by law.  The board of regents may [establish] impose and collect prices, fees, and charges, [including those] established by law, for the sale, lease, or use of university real property and facilities, which include land, buildings, grounds, furnishings, and equipment; provided that the university shall comply with all statutory and common law requirements in the disposition of ceded lands.  [The board of regents shall be exempt from the public notice and public hearing requirements of chapter 91 in establishing and amending the fees and charges.] The university may establish separate accounts within the revolving fund for major program activities.  Funds deposited into the revolving fund accounts shall be expended to pay the costs of operating university facilities, including maintenance, administrative expenses, salaries, wages, and benefits of employees, contractor services, supplies, security, furnishings, equipment, janitorial services, insurance, utilities, and other operational expenses.  Revenues not expended as provided in this section may be transferred to other university funds to be invested or expended for the administrative or overhead costs of the university.  All expenditures from this revolving fund shall be subject to legislative appropriation."

     SECTION 19.  Section 321-1, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  The department may [establish charges] impose and collect fees of $           for any of its services; provided that the department shall not refuse to provide services to any person due to the person's inability to pay the fee for the service.  The department, through the director, shall make an annual report to the governor, showing in detail all its expenditures and transactions, and such other information regarding the public health as the department may deem of special interest."

     SECTION 20.  Section 321-11.5, Hawaii Revised Statutes, is amended to read as follows:

     "§321-11.5  Establishment of fees.  (a)  The department of health, by rules adopted pursuant to chapter 91, may [establish reasonable] impose and collect fees of $           for the issuance or renewal of licenses, permits, variances, and various certificates required by law or by the department's rules.  The fees may include the cost of related examinations, inspections, investigations, and reviews.

     (b)  All fees paid and collected pursuant to this section and rules adopted in accordance with chapter 91 from facilities seeking licensure or certification by the department of health, including hospitals, nursing homes, home health agencies, intermediate care facilities for the mentally retarded, freestanding outpatient surgical facilities, adult day health care centers, rural health centers, laboratories, adult residential care homes, expanded adult residential care homes, developmental disability domiciliary homes, assisted living facilities, therapeutic living programs, and special treatment facilities, shall be deposited into the office of health care assurance special fund created under section 321-1.4.  Any other entities required by law to be licensed by the department of health shall also be subject to [reasonable] fees of $           [established] imposed and charged by the department of health [by rules adopted in accordance with chapter 91].

     (c)  Other than the fees collected under subsection (b), all other fees collected under this section and section 321-15 shall be deposited into the environmental health education fund established under section 321-27."

     SECTION 21.  Section 325-78, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of health may [establish charges] impose and collect fees of $           for any diagnostic, medical, or treatment services relating to tuberculosis treatment or control; provided that the department shall not refuse to provide diagnostic, medical, or treatment services relating to tuberculosis treatment or control to any patient due to the patient's inability to pay for the service relating to tuberculosis treatment or control.  Voluntary payments, contributions, or gifts for such purposes may be received, but shall not be requested or solicited from any patient or any of the patient's relatives[,] by the department."

     SECTION 22.  Section 328-96, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The department shall provide for distribution of the Hawaii additions and deletions list and its revisions and supplements, and the dissemination of notices of changes to the compendia of therapeutically equivalent generic drug products to all pharmacies in the State and to any other interested individuals.  The [department may establish fees to be charged to] fee for persons who receive the Hawaii additions and deletions list and its revisions and supplements, and notices of changes to the compendia of therapeutically equivalent generic drug products[.] shall be $          .  [The amounts of the fees charged shall be approximately the same as the costs of producing and distributing the Hawaii additions and deletions list and its revisions and supplements, and the notices of changes to the compendia of therapeutically equivalent generic drug products.]"

     SECTION 23.  Section 342D-13, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342D-13[]]  Fees.  The director may [establish reasonable] impose and collect fees of $           for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action).  The fees shall be deposited to the credit of the general fund."

     SECTION 24.  Section 342D-86, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342D-86[]]  Revolving fund; fees, interest, and investment on accounts.  (a)  The director may [establish] impose and collect fees of $           for loans, loan and bond guarantees, debt purchase and refinancing, interest rate subsidies, and other credit enhancement or liquidity support issued or provided through the revolving fund.

     (b)  The director shall adopt rules pursuant to chapter 91 for the purposes of this part[, including fees for loans and other financial assistance, and penalties for default of loan and other financial assistance repayments].

     [(c)  If established, fees shall cover the costs of current activities, including the issuance of loans and other financial assistance, monitoring of loans and other financial assistance repayments and conditions, technical review of the planning and design documents, monitoring of construction activities, conducting operation and maintenance inspections of wastewater facilities, and other activities of the revolving fund pursuant to Title 33 United States Code sections 1381 to 1387.

     (d)] (c)  All moneys collected as fees shall be deposited into an administrative expense account or accounts as needed to comply with Title 33 United States Code section 1383(d)(7) and shall be used exclusively to support the activities of the revolving fund.

     [(e)] (d)  Moneys in the revolving fund shall be placed in interest bearing investments or otherwise invested at the discretion of the director until such time as the moneys may be needed.  All interest accruing from the investment of these moneys shall be credited to the revolving fund; provided that moneys which are pledged as security for payment of revenue bonds may be invested as provided in section 342D-91."

SECTION 25.  Section 342F-14, Hawaii Revised Statutes, is amended to read as follows:

     "§342F-14  Fees.  The director may [establish reasonable] impose and collect fees of $           for the issuance of permits and variances [to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action)].  All fees collected pursuant to this section shall be deposited into the noise, radiation, and indoor air quality special fund established pursuant to section 342P-7."

     SECTION 26.  Section 342F-14.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342F-14.5[]]  Fees for notification.  The director may [establish reasonable] impose and collect fees of $           for notifications and to cover the cost of implementation, recordkeeping, and any necessary inspections to ascertain compliance with the provisions of the state community notice rules."

     SECTION 27.  Section 342H-13, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§342H-13[]]  Fees.  The director may [establish reasonable] impose and collect fees of $           for the issuance of permits and variances [to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action)].  The fees shall be deposited to the credit of the general fund."

     SECTION 28.  Section 342J-13, Hawaii Revised Statutes, is amended to read as follows:

     "§342J-13  Fees.  The director may [establish reasonable] impose and collect fees of $           for the issuance of permits [to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits (not including court costs or other costs associated with any formal enforcement action)].  The fees shall be deposited to the credit of the general fund."

     SECTION 29.  Section 342L-14, Hawaii Revised Statutes, is amended to read as follows:

     "§342L-14  Fees.  [Notwithstanding section 342L-36.5 to the contrary, the director may establish reasonable fees] The following fees shall apply:

     (1)  [for the registration] Registration of underground storage tanks or tank systems, $          ;

     (2)  [for the issuance,] Issuance, renewal, and modification of permits and variances [to cover the cost of issuance thereof and] $          ;

     (3)  [for the implementation] Implementation and enforcement of the terms and conditions of permits and variances including inspections and necessary site visits (not including court costs or other costs associated with any formal enforcement action), $          ; and

     (4)  [for the review,] Review, evaluation, and approval of plans regarding release response activities[.], $          .

The fees shall be deposited to the credit of the general fund."

     SECTION 30.  Section 342P-28, Hawaii Revised Statutes, is amended to read as follows:

     "§342P-28  Fees.  The director may [establish reasonable] impose and charge fees of $           for the issuance of notifications, certificates, licenses, permits, and variances [to cover the cost of issuance thereof], and for the implementation and enforcement of the terms and conditions of permits and variances not including court costs or other costs associated with any formal enforcement action.  The fees shall be deposited to the credit of the asbestos and lead abatement special fund or noise, radiation, and indoor air quality special fund."

     SECTION 31.  Section 348F-8, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§348F-8[]]  Fees.  The [board may establish fees, pursuant to chapter 91,] fee for applicants seeking state credentialing of interpreters[.] shall be $          ."

     SECTION 32.  Section 396-5.1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The director may [establish] impose and collect fees [pursuant to chapter 91] of $           to be charged for the following:

     (1)  Any aspect relating to the issuance of permits, certificates, or licenses required by this chapter or rule adopted by the director;

     (2)  Searching, reviewing, segregating, and providing records pursuant to chapter 92F requests [where such fees are not provided for under rules adopted by the office of information practices];

     (3)  The costs of training materials used in department sponsored workshops; and

     (4)  The costs of public notices required for variances, and public requests for adoption, amendment, or repeal of rules."

     SECTION 33.  Section 412:2-105, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  The [commissioner may charge an examination fee based upon the cost per hour per examiner] examination fee for all financial institutions examined by the commissioner or the commissioner's staff[.] shall be $           per hour.  [Effective July 1, 1995, the hourly fee shall be $40.  After July 1, 1996, the commissioner may establish, increase, decrease, or repeal the hourly fee when necessary pursuant to rules adopted in accordance with chapter 91.]"

     2.  By amending subsection (d) to read:

     "(d)  The commissioner[, by rules adopted in accordance with chapter 91, may set reasonable fee amounts to be collected by the division in connection with its] may impose and collect fees of $           for regulatory functions, including, without limitation, [any fees for] renewals, applications, licenses, and charters.  Unless otherwise provided by statute, all such fees shall be deposited into the compliance resolution fund established pursuant to section 26-9(o)."

     SECTION 34.  Section 412:2-109, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  The commissioner [may] shall annually charge each financial institution subject to examination by the commissioner the sum of $500 plus $100 for each office, agency, and branch office maintained by the financial institution, payment of which shall be made before July 2 and thereafter credited to the compliance resolution fund.  [The commissioner may establish, increase, decrease, or repeal this fee when necessary pursuant to rules adopted in accordance with chapter 91.]"

     SECTION 35.  Section 412:3-102, Hawaii Revised Statutes, is amended to read as follows:

     "§412:3-102  Change of name.  To change its name, a Hawaii financial institution shall file an application with the commissioner and pay [the fees as the commissioner may establish.] a fee of $          .  The application shall be approved if the commissioner is satisfied that the new name complies with this chapter and chapter 414.  Any change of name of a stock financial institution pursuant to this section shall be effected in accordance with chapter 414.  Any change of name shall not affect a financial institution's rights, liabilities, or obligations existing prior to the effective date thereof, and no documents of transfer shall be necessary to preserve the rights, liabilities, or obligations; provided that the commissioner may require notice to be given to the public and other governmental agencies."

     SECTION 36.  Section 440-13, Hawaii Revised Statutes, is amended to read as follows:

     "§440-13  License fees.  (a)  License fees shall be paid annually to the State by every applicant to whom a license is issued to participate in the conduct of professional boxing in any of the capacities set forth in this chapter:  promoter, physician, referee, judge, matchmaker, manager, timekeeper, second, and professional boxer.  The charge for a duplicate of a license and all fees required by this chapter shall be [as provided in rules adopted by the director pursuant to chapter 91] $           and shall be deposited with the director to the credit of the compliance resolution fund established pursuant to section 26-9(o).

     (b)  The director [may establish a schedule of license fees for participation in amateur boxing contests, and] may waive payment of license fees for amateur boxing contests."

     SECTION 37.  Section 456-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The attorney general shall charge and collect the following fees for:

     (1)  Issuing the original commission, $40; and

     (2)  Renewing the commission, $40.

     [Notwithstanding the foregoing, the attorney general may establish and adjust fees pursuant to chapter 91.]"

     SECTION 38.  Section 457A-5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§457A-5[]]  Fees.  The director may [establish] impose and charge fees for services rendered to carry out the purposes of this chapter."

     SECTION 39.  Section 516-124, Hawaii Revised Statutes, is amended to read as follows:

     "§516-124  Acquisition loan programs; fees.  The corporation may [establish, revise,] charge and collect fees, premiums, and charges [as necessary, reasonable, or convenient,] for its acquisition loan programs.

     The fees, premiums, and charges shall be deposited into the fee title acquisition loan program revenue bond special fund established for the particular acquisition loan program or part thereof from which the fees, premiums, and charges are derived as determined by the corporation."

     SECTION 40.  Section 321-382, Hawaii Revised Statutes, is repealed.

     ["[§321-382]  Fees.  The director may establish fees by rules pursuant to chapter 91."]

     SECTION 41.  All fees established by administrative rule by the department of commerce and consumer affairs, department of agriculture, board of land and natural resources, department of business, economic development, and tourism, Hawaii housing finance and development corporation, land use commission, Hawaii community development authority, department of transportation, department of education, University of Hawaii, board of regents of the University of Hawaii, department of health, disability and communication access board, commissioner of financial institutions, and attorney general shall remain in effect at the amounts or rates in effect on June 30, 2009, until codified in the Hawaii Revised Statutes, statutorily amended, or repealed; provided that each of the foregoing departments, agencies, and offices shall submit to the legislature, no later than twenty days prior to the convening of the regular session of 2010, recommended legislation that proposes to establish these fees and set their amounts and rates in statute.

     SECTION 42.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 43.  This Act shall take effect on July 1, 2050.