Cost-recovery fees for the administration of Hawaii state public library system
HRS §312-4.6
in effect312-4.6. Cost-recovery fees for the administration of Hawaii state public library system
(a) The state librarian may charge and add a fee to any amount due in accordance with the state librarian's duties and powers under section 312‑2.1(d) for:
(1) Any cost or expense incurred by the Hawaii state
public library system as a result of any action taken to enforce the collection
of costs of lost books and any overdue fines and fees charged to that patron
after the public library system has mailed written notice demanding payment and
advising that continued failure to pay the amount due may result in collection
action being taken, including the imposition of cost-recovery fees, not to
exceed $10, pursuant to this section. Any cost-recovery fee charged against
the patron for costs, fees, and other charges may include collection agency
fees, attorneys' fees, court filing fees, and similar fees incurred by the
Hawaii state public library system in connection with the collection action;
(2) Hawaii public library system sponsored seminars
or workshops, including educational materials in various media format; and
(3) Research and reference materials published on
magnetic media, CD-ROM, or other digital or electronic form.
(b) Interest shall not accrue with respect to
any fee under this section.
(c) Notwithstanding any other provisions under
this chapter, whenever a patron makes a partial payment of a particular
delinquent amount, the amount received by the Hawaii state public library
system shall first be credited to the fees charged under this section, in the
order the fees were charged.
(d) [Repeal and reenactment on June 30,
2028. L 2023, c 141, §4.] Without regard to chapter 91, the
state librarian shall prescribe the procedures relating to:
(1) The charging of fees;
(2) The waiver of fees;
(3) The documents, materials, and services for which
fees may be charged;
(4) The amount of the fees that may be assessed and
charged to a library patron;
(5) The accumulated amount of lost library material
costs, fines, or fees;
(6) The period of time that the lost library
materials costs, fines, or fees shall remain unpaid before they may be referred
to a collection agency for collection; and
(7) The notification of persons having delinquent
accounts of the additional fees to be charged by the collection agency prior to
the referral to the collection agency.
(e) The state librarian may waive any fee
imposed by the Hawaii state public library system under chapter 312 in cases of
hardship as prescribed by rules adopted under chapter 91.
(f) Upon its collection, the cost-recovery fee
shall be deposited into the libraries special fund established by section
312-3.6 and shall be expended as prescribed by law.
[L 1999, c 231, §2; am L
2015, c 26, §§5, 6; am L 2023, c 141, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0312/HRS_0312-0004_0006.htmFetched: 11/10/2026