THE SENATE

S.B. NO.

1309

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE ESTABLISHMENT OF THE LIEUTENANT GOVERNOR SPECIAL FUND.

 

 

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

 


     SECTION 1.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§92-     Lieutenant governor; fees.  The lieutenant governor shall charge the following fees that shall be deposited into the general fund:

     (1)  For signing an apostille or certification, $10;

     (2)  For preparing every photostat copy of any document on record in the lieutenant governor's office, 50 cents per page or portion thereof; and

     (3)  For all other acts and duties, the fees for which are not otherwise provided, such charges as the lieutenant governor may from time to time prescribe."

     SECTION 2.  Section 26-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a)  Except as otherwise provided by law, the lieutenant governor is designated the secretary of state for intergovernmental relations and shall perform the duties and functions heretofore exercised by the secretary of Hawaii.  The duties and functions shall include, but not be limited to, recordation of all legislative and gubernatorial acts, [certification] apostilles and other certifications of state documents, and maintenance of an official file of rules adopted by state departments as provided in chapter 91.  The lieutenant governor may employ staff as necessary without regard to chapter 76."

     SECTION 3.  Section 91-2.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any law to the contrary, each agency may charge up to a maximum fee of ten cents per page, plus the actual costs of mailing, for the reproduction of paper copies of the following:

     (1)  Proposed and final rules, whether new rules, amended rules, or repealed rules, in any format; and

     (2)  Notices of proposed rulemaking actions pursuant to section 91-3(a)(1).

This section shall not apply to the reproduction by the office of the lieutenant governor of other agencies' rules, kept in the general collection of the office of the lieutenant governor.  Charges for the reproduction of paper copies of rules in the general collection of the office of the lieutenant governor shall be as stated in section [92-21.] 92-   ."

     SECTION 4.  The auditor shall examine whether a special fund established in the office of the lieutenant governor for the deposit of the fees established in section 1 of this Act and section 574-5, Hawaii Revised Statutes, would adequately fund the costs for the administration and operation of the lieutenant governor's functions under sections 26-1(a) and 574-5, Hawaii Revised Statutes.  The examination shall include an:

     (1)  Analysis using the criteria relating to proposed special funds under section 23-11, Hawaii Revised Statutes;

     (2)  Estimate, on an annual basis, of the projected costs for the lieutenant governor's functions under sections 26-1(a) and 574-5, Hawaii Revised Statutes, and the projected revenues from the fees established in section 1 of this Act and section 574-5, Hawaii Revised Statutes; and

     (3)  Evaluation of whether the estimated costs and fee revenues described in paragraph (2) indicate that general funds would be needed to supplement the special fund.

     The auditor shall report its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2012.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2011.


 


 

Report Title:

Lieutenant Governor; Secretary of State Functions; Fees; Special Fund

 

Description:

Establishes fees for services provided by the office of the lieutenant governor.  Specifies the authority of the lieutenant governor to issue apostilles.  Requires the auditor to analyze the establishment of a lieutenant governor special fund.  (SD1)

 

 

 

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