Admin Rules of Copy Fees

Requires fees not to exceed 10 cents per page for copies of
proposed, amended, or final rules, informational and educational
publications that contain copies of statutes and agency rules;
provides that copy fees not include cost of search and actual
time to reproduce; requires notices of proposed rulemaking
actions and rules to be posted on the internet.

THE SENATE                              S.B. NO.           799
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Pursuant to senate resolution no. 92, regular
 2 session 1998, the legislative reference bureau (LRB) was
 3 requested to study the issue of mailing copies of proposed
 4 administrative agency rules to interested citizens and public
 5 interest groups who request them.  In its report, The Price of
 6 Access: Fees for Copies of State Administrative Rules, Report No.
 7 6, 1998, LRB addressed the issue of fees charged for the copies
 8 of rules which, in LRB's judgment, overshadowed the issue of
 9 mailing.  After discussing, among other things, the issues
10 concerning public access to copies of rules in Hawaii, fees, and
11 estimates of the cost to agencies, LRB made several
12 recommendations that the legislature finds will streamline the
13 process of obtaining copies of administrative agency rules,
14 increase public access to administrative agency rules, and lower
15 the overall costs for both the State and the public.
16      The purpose of this Act is to implement the recommendations
17 of the legislative reference bureau.
18      SECTION 2.  Chapter 91, Hawaii Revised Statutes, is amended
19 by adding a new section to be appropriately designated and to

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                                     S.B. NO.           799

 1 read as follows:
 2      "91-    Fees for copies; limitation.  Any agency may
 3 establish and charge fees for copies of proposed rules, rule
 4 amendments, and adopted rules; provided that the fees shall
 5 reflect actual reproduction costs and, in any case, not exceed
 6 the rate of 10 cents a page plus actual mailing costs, if any.
 7 This section shall not apply to copies of agency rules obtained
 8 from the office of the lieutenant governor."
 9      SECTION 3.  Section 91-3, Hawaii Revised Statutes, is
10 amended by amending subsection (a) to read as follows:
11      "(a)  Prior to the adoption of any rule authorized by law,
12 or the amendment or repeal thereof, the adopting agency shall:
13      (1)  Give at least thirty days' notice for a public hearing.
14           The notice shall include:
15           (A)  A statement of the topic of the proposed rule
16                adoption, amendment, or repeal or a general
17                description of the subjects involved; [and]
18           (B)  A statement that a copy of the proposed rule to be
19                adopted, the proposed rule amendment, or the rule
20                proposed to be repealed will be mailed to any
21                interested person who requests a copy, pays in
22                advance any applicable fees for the copy
23                established and charged by the adopting agency and

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                                     S.B. NO.           799

 1                the postage, together with a description of where
 2                and how the requests may be made; 
 3           (C)  A statement of when, where, and during what times
 4                the proposed rule to be adopted, the proposed rule
 5                amendment, or the rule proposed to be repealed may
 6                be reviewed in person; and
 7           (D)  The date, time, and place where the public hearing
 8                will be held and where interested persons may be
 9                heard on the proposed rule adoption, amendment, or
10                repeal.
11                The notice shall be mailed to all persons who have
12           made a timely written request of the agency for advance
13           notice of its rulemaking proceedings, and given at
14           least once statewide for state agencies and in the
15           county for county agencies.  After January 1, 2000, the
16           notice and the full text of the proposed rule to be
17           adopted, the proposed rule amendment, or the rule
18           proposed to be repealed shall be posted and publicly
19           accessible without fee charges on the world wide web
20           internet site maintained by the office of the
21           lieutenant governor.
22      (2)  Afford all interested persons opportunity to submit
23           data, views, or arguments, orally or in writing.  The

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                                     S.B. NO.           799

 1           agency shall fully consider all written and oral
 2           submissions respecting the proposed rule.  The agency
 3           may make its decision at the public hearing or announce
 4           then the date as to when it intends to make its
 5           decision.  Upon adoption, amendment, or repeal of a
 6           rule, the agency, if requested to do so by an
 7           interested person, shall issue a concise statement of
 8           the principal reasons for and against its
 9           determination."
10      SECTION 4.  Section 92-21, Hawaii Revised Statutes, is
11 amended to read as follows:
12      "92-21  Copies of records; other costs and fees.  Except as
13 otherwise provided by law, a copy of any government record,
14 including any map, plan, diagram, photograph, photostat, or
15 geographic information system digital data file, which is open to
16 the inspection of the public shall be furnished to any person
17 applying for the same by the public officer having charge or
18 control thereof upon the payment of the reasonable cost of
19 reproducing such copy.  The cost of reproducing any government
20 record, except geographic information system digital data[,] and
21 informational or educational publications that contain copies of
22 statutes or agency rules, shall not be less than 50 cents per
23 page, sheet, or fraction thereof.  The cost of reproducing

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                                     S.B. NO.           799

 1 geographic information system digital data shall be in accordance
 2 with rules adopted by the agency having charge or control of that
 3 data.  [Such] The cost of reproducing information or education
 4 publications that contain copies of statutes or agency rules
 5 shall not exceed the rate of 10 cents a page plus actual mailing
 6 costs, if any.  The reproduction cost shall include, but shall
 7 not be limited to, [labor cost for search and actual time for
 8 reproducing,] material cost, including electricity cost,
 9 equipment cost, including rental cost, cost for certification,
10 and other related costs.  The cost of reproduction shall not
11 include reasonable charges for staff for search and actual time
12 for reproducing a government record.  All fees shall be paid in
13 by the public officer receiving or collecting the same to the
14 state director of finance, the county director of finance, or to
15 the agency or department by which the officer is employed, as
16 government realizations; provided that fees collected by the
17 public utilities commission pursuant to this section shall be
18 deposited in the public utilities commission special fund
19 established under section 269-33."
20      SECTION 5.  Statutory material to be repealed is bracketed.
21 New statutory material is underscored.
22      SECTION 6.  This Act shall take effect upon its approval.
24                           INTRODUCED BY:  _______________________