REPORT TITLE:
Fees


DESCRIPTION:
Amends various fees charged by state agencies for governmental
services.  Allows towing companies to collect $25 for clean-up if
there is an agreement with the county. (SD3)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  The legislature finds that as the State
 
 2 struggles with a prolonged fiscal crisis never before experienced
 
 3 in its history, government must utilize all the resources at its
 
 4 disposal to ensure that governmental services continue to be
 
 5 provided.  To this end, the legislature believes that fees
 
 6 charged by state agencies must be closely scrutinized to
 
 7 ascertain whether the fee imposed accurately reflects the cost of
 
 8 providing the services.  The proper aligning of fees charged by
 
 9 state agencies with moneys expended to provide them will have the
 
10 resultant benefit of freeing up state resources for other areas
 
11 in need of revenue.  In addition, the legislature finds that
 
12 towing companies should be able to collect fees for the cost of
 
13 clean-up.
 
14      The purpose of this Act is to increase fees charged by state
 
15 agencies to more accurately reflect the cost of providing
 
16 governmental services, and to allow towing companies to collect
 
17 fees for the cost of clean-up.
 
18      SECTION 2.  Section 188-50, Hawaii Revised Statutes, is
 
19 amended by amending subsections (a) and (b) to read as follows:
 
20      "(a)  It is unlawful for any person, except children below
 

 
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 1 nine years of age, to fish, take, or catch any introduced
 
 2 freshwater game fish without first obtaining a license.  Children
 
 3 exempt by this section may fish, provided they are accompanied by
 
 4 a licensed person.  The department of land and natural resources
 
 5 may adopt rules pursuant to chapter 91 necessary for the purposes
 
 6 of this chapter [and to set fees for freshwater game fish
 
 7 fishing].
 
 8      (b)  The licenses shall be issued by agents of the
 
 9 department of land and natural resources upon written application
 
10 in such form as may be prescribed by the department together with
 
11 payment of a fee.  The application shall require a statement
 
12 under oath of the applicant's name, address, domicile or
 
13 residence, length of residence in the State, age, race, height,
 
14 weight, and color of hair and eyes.  All licenses shall expire
 
15 and become void one year from the date of issuance, except the
 
16 tourist license which shall expire and become void thirty days
 
17 after the date of issuance; provided that no fees or charges
 
18 shall be made for licenses issued to persons sixty-five years of
 
19 age or older.  A duplicate license may be issued upon affidavit
 
20 that the original license has been lost or destroyed and upon the
 
21 payment of a duplicate license fee.  The fees for licenses and
 
22 duplicate licenses shall be [established by the department by
 
23 rules adopted in accordance with chapter 91.  The department
 

 
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 1 shall set the fees in an amount that, when combined with the fees
 
 2 provided for in sections 188-37 and 189-2, shall be reasonably
 
 3 necessary to supplement the funding for:
 
 4      (1)  Enforcement of this chapter and section 189-2; and
 
 5      (2)  The activities set forth in section 187A-11.] $5."
 
 6      SECTION 3.  Section 200-10, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (c) to read as follows:
 
 8      "(c)  The permittee shall pay moorage fees to the department
 
 9 for the use permit which shall be based on, but not limited to,
 
10 the use of the vessel, its effect on the harbor, use of
 
11 facilities, and the cost of administering this mooring program;
 
12 and, furthermore:
 
13      (1)  Moorage fees shall be [established by the department
 
14           and shall be higher] $           for residents and
 
15           $           for nonresidents;
 
16      (2)  An application fee shall be collected when applying for
 
17           moorage in state small boat harbors and shall
 
18           thereafter be collected annually when the application
 
19           is renewed.  The application fee shall be[:
 
20           (A)  Set by the department; and
 
21           (B)  Not less than $100] $           for residents and
 
22                $           for nonresidents;
 
23      (3)  If a recreational vessel is used as a place of
 

 
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 1           principal habitation, the permittee shall pay, in
 
 2           addition to the moorage fee, a liveaboard fee which
 
 3           shall be:
 
 4           (A)  [$5.20] $           a foot of vessel length a
 
 5                month if the permittee is a state resident; and
 
 6           (B)  [$7.80] $           a foot of vessel length a
 
 7                month if the permittee is a nonresident;
 
 8           provided that the liveaboard fees established by this
 
 9           subsection may be increased by the department at the
 
10           rate of the annual cost-of-living index, but not more
 
11           than five per cent in any one year, beginning January 1
 
12           of each year; and
 
13      (4)  If a vessel is used for commercial purposes from its
 
14           permitted mooring, the permittee shall pay, in lieu of
 
15           the moorage and liveaboard fee, a fee based on a
 
16           percentage of the gross revenues derived from the use
 
17           of the vessel which shall be not less than two times
 
18           the moorage fee assessed for a recreational vessel of
 
19           the same size."
 
20      SECTION 4.  Section 302A-408, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "[[]302A-408[]]  After-school and weekend programs.  The
 
23 department and the appropriate county agencies may establish and
 

 
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 1 regulate programs of after-school and weekend community-school
 
 2 activities for children, including but not limited to day-care
 
 3 programs, arts and crafts, hula, ukulele, and other educational
 
 4 or recreational projects, wherever feasible, at public school and
 
 5 public park facilities.  In addition to any appropriation of
 
 6 public funds, [reasonable] fees [established by the agencies
 
 7 operating the programs may be collected from children enrolled,
 
 8 in the furtherance of particular programs.] of $           per
 
 9 child shall be charged for each child enrolled; provided that the
 
10 department by rule adopted under chapter 91 may reduce the fee
 
11 due to a child's family's economic circumstances or for more than
 
12 one child per family enrolled in the program.  The appropriate
 
13 agencies may obtain from time to time the services of persons in
 
14 a voluntary or unpaid capacity, exempt from chapters 76 and 77,
 
15 as may be necessary for carrying out the purposes of this
 
16 section, and may regulate their duties, powers, and
 
17 responsibilities when not otherwise provided by law.  Any person
 
18 whose services have been so accepted, while engaged in the
 
19 performance of duty under this section, shall be deemed a state
 
20 employee or an employee of a political subdivision, as the case
 
21 may be, in determining the liability of the State or the
 
22 political subdivision for the negligent acts of these persons."
 
23      SECTION 5.  Section 302A-435, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "[[]302A-435[]]  Financing adult and community education
 
 3 program.  The financial support for this program shall be [in
 
 4 part] one-half from fees collected from students enrolled[,] and
 
 5 [in part] one-half from public funds appropriated for this
 
 6 purpose.  Fees shall be set in accordance with the
 
 7 recommendations of the advisory council, and may be collected
 
 8 from students regularly enrolled; provided that:
 
 9      (1)  Adults registered with the department of labor and
 
10           industrial relations and unemployed shall be granted
 
11           free enrollment in such courses as will tend to assist
 
12           these persons in securing employment;
 
13      (2)  Adults certified by the department of human services as
 
14           indigent may be enrolled on a nonfee basis in classes
 
15           that will tend to assist these persons in becoming
 
16           self-sustaining;
 
17      (3)  Discharged veterans who are entitled to federal
 
18           educational assistance shall be enrolled upon
 
19           authorization of the Department of Veterans Affairs and
 
20           fees shall be charged against federal funds in
 
21           accordance with Department of Veterans Affairs contract
 
22           regulations; and
 
23      (4)  Administrative and supervisory costs, costs of
 

 
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 1           instruction, and all other necessary expenses not
 
 2           covered by fees and other authorized charges shall be
 
 3           paid for out of funds appropriated for this purpose."
 
 4      SECTION 6.  Section 291C-165.5, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (b) to read as follows:
 
 6      "(b)  The towing company shall determine the name of the
 
 7 lien holder and the registered owner of the vehicle from the
 
 8 department of transportation or the county department of finance.
 
 9 The lien holder and the registered owner shall be notified by the
 
10 towing company in writing at the address on record with the
 
11 department of transportation or with the county department of
 
12 finance by registered or certified mail of the location of the
 
13 vehicle, together with a description of the vehicle, within a
 
14 reasonable period not to exceed twenty days following the tow.
 
15 The notice shall state:
 
16      (1)  The maximum towing charges and fees allowed by law;
 
17      (2)  The telephone number of the county finance department
 
18           that arranged for or authorized the tow; and
 
19      (3)  That if the vehicle is not recovered within thirty days
 
20           after the mailing of the notice, the vehicle shall be
 
21           deemed abandoned and will be sold or disposed of as
 
22           junk.
 
23 When the vehicle is recovered after the tow by the registered
 

 
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 1 owner or lien holder, the party recovering the vehicle shall pay
 
 2 the tow and storage charges which shall not exceed the charges as
 
 3 provided by section 290-11(b) or the rates agreed upon with the
 
 4 respective counties, whichever is lower, except that tow
 
 5 operators may charge additional reasonable amounts for
 
 6 [excavating] recovering vehicles from off-road locations[;] and
 
 7 up to $25 for road clean-up if, pursuant to an agreement with the
 
 8 respective counties, the towing company is required to clean and
 
 9 clear the roadway and, in cases of spills or leaks, provide,
 
10 apply, and remove absorbent material; provided that if the notice
 
11 required by this section was not sent within twenty days after
 
12 the tow, neither the registered owner nor the lien holder shall
 
13 be required to pay the tow and storage charges.  No notice shall
 
14 be sent to a legal or registered owner or any person with any
 
15 unrecorded interest in the vehicle whose name or address cannot
 
16 be determined.  A person who has been charged in excess of the
 
17 charges permitted under this section may sue for damages
 
18 sustained, and, if the judgment is for the plaintiff, the court
 
19 shall award the plaintiff a sum not to exceed the amount of these
 
20 damages and reasonable attorney's fees together with the cost of
 
21 the suit."
 
22      SECTION 7.  Act 138, Session Laws of Hawaii 1998, is amended
 
23 by amending section 3 to read as follows:
 

 
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 1      "SECTION 3.  This Act shall take effect upon its approval[;
 
 2 provided that the amendment set forth in Section 1 shall take
 
 3 effect on September 1, 1998, and shall be repealed on July 1,
 
 4 2000]."
 
 5      SECTION 8.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 9.  This Act shall take effect on July 1, 1999.