Bill Text: HI HB1251 | 2011 | Regular Session | Introduced
Bill Title: Business Development Fund; DBEDT; Fees and Costs
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2011-01-26 - (H) Referred to ERB, FIN, referral sheet 2 [HB1251 Detail]
Download: Hawaii-2011-HB1251-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1251 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the business development fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 26-18, Hawaii Revised Statutes, is amended to read as follows:
"§26-18 Department of business, economic development, and tourism. (a) The department of business, economic development, and tourism shall be headed by a single executive to be known as the director of business, economic development, and tourism.
The department shall undertake statewide business and economic development activities, undertake energy development and management, provide economic research and analysis, plan for the use of Hawaii's ocean resources, and encourage the development and promotion of industry and international commerce through programs established by law.
(b) The following are placed in the department of business, economic development, and tourism for administrative purposes as defined by section 26-35: Aloha Tower development corporation, Hawaii community development authority, Hawaii housing finance and development corporation, high technology development corporation, land use commission, natural energy laboratory of Hawaii authority, and any other boards and commissions as shall be provided by law.
The department of business, economic development, and tourism shall be empowered to establish, modify, or abolish statistical boundaries for cities, towns, or villages in the State and shall publish, as expeditiously as possible, an up-to-date list of cities, towns, and villages after changes to statistical boundaries have been made.
(c) Any law to the contrary notwithstanding, the director of business, economic development, and tourism may:
(1) Establish, increase, decrease, or repeal fees, pursuant to chapter 91, relating to any services rendered to business entities within the jurisdiction of the department; and
(2) Assess fees for copies of publications, reports, or materials prepared or issued by the department; provided that the director may reduce or waive the fees for copies requested by a nonprofit organization. Fees collected under this paragraph shall be deposited into the business development fund under subsection (d).
(d) The amount of the fees collected under subsection (c) shall be determined by the director and adjusted from time to time to ensure that the proceeds do not surpass the annual operating costs of conducting business development activities required under this section. The fees may be collected pursuant to rules adopted under chapter 91, and shall be deposited into the special fund established under this subsection. 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 business development fund to be expended by the director's designated representatives as provided by this subsection. Notwithstanding any law to the contrary, all revenues and fees, and fines collected by the department shall be deposited into the business development fund. 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 business development.
The director shall prepare and submit an annual report to the governor and the legislature on the use of the business development fund. The report shall describe expenditures made from the fund including non-payroll operating expenses."
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 fee or nontax revenue and the cost or value of services rendered, comparability among fees imposed by the State, or any other purpose which it may deem necessary and reasonable; 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, 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)[;] and
title 13;
(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 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) This section shall not apply to judicial fees as may be set by any chapter cited in this section;
(5) 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
(6) 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 upon its approval.
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INTRODUCED BY: |
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Report Title:
Business Development Fund; DBEDT; Fees and Costs
Description:
Authorizes the director of business, economic development, and tourism to establish fees for services and costs for business development. Establishes the business development fund, from which the director of business, economic development, and tourism may fund the operations of the department.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
