[§312-4.6]  Cost-recovery fees for theadministration of Hawaii state public library system.  (a)  The board ofeducation may charge and add a fee to any amount due in accordance with itsduties and powers under section 312-1 for:

(1)  Any cost or expense incurred by the Hawaii statepublic library system as a result of any action taken to enforce the collectionof costs of lost books and any overdue fines and fees charged to that patronafter the public library system has mailed written notice demanding payment andadvising that continued failure to pay the amount due may result in collectionaction being taken, including the imposition of cost-recovery fees, not toexceed $10, pursuant to this section.  Any cost-recovery fee charged againstthe patron for costs, fees, and other charges may include collection agencyfees, attorneys' fees, court filing fees, and similar fees incurred by theHawaii state public library system in connection with the collection action;

(2)  Hawaii public library system sponsored seminarsor workshops, including educational materials in various media format; and

(3)  Research and reference materials published onmagnetic media, CD-ROM, or other machine-readable form.

(b)  Interest shall not accrue with respect toany fee under this section.

(c)  Notwithstanding any other provisions underthis chapter, whenever a patron makes a partial payment of a particulardelinquent amount, the amount received by the Hawaii state public librarysystem shall first be credited to the fees charged under this section, in theorder the fees were charged.

(d)  The board of education shall prescribe theprocedures relating to:

(1)  The charging of fees;

(2)  The waiver of fees;

(3)  The documents, materials, and services for whichfees may be charged;

(4)  The amount of the fees that may be assessed andcharged to a library patron;

(5)  The accumulated amount of lost library materialcosts, fines, or fees;

(6)  The period of time that the lost librarymaterials costs, fines, or fees must remain unpaid before they may be referredto a collection agency for collection pursuant to rules adopted under chapter91; and

(7)  The notification of persons with delinquentaccounts of the additional fees to be charged by the collection agency prior tothe referral to the collection agency.

(e)  The state librarian may waive any feeimposed by the Hawaii state public library system under chapter 312 in cases ofhardship as prescribed by rules adopted under chapter 91.

(f)  Upon its collection, the cost-recovery feeshall be deposited into the libraries special fund established by section312-3.6 and shall be expended as prescribed by law. [L 1999, c 231, §2]