45-12-92.1. Fees which are not revenue measures; utilization of proceeds.

The General Assembly finds and determines that certain fees imposed or authorized by law are not ‘‘revenue measures’’ within the meaning of Article VII, Section III, Paragraph II of the Constitution but only incidentally create revenue pursuant to the facilitation of another primary purpose.#

When any other provision of law imposes or authorizes the imposition of a fee and recites that such fee is subject to this Code section:#

1. (1)

   The agency or other entity imposing and collecting the fee shall not pay the proceeds of the fee into the general fund of the state treasury but shall rather retain and expend the proceeds for purposes of defraying the costs of administering the program or activity with which the fee is associated; and#

2. (2)

   If the amount of the fee is fixed by the agency or other entity pursuant to the law authorizing the fee, the fee shall be fixed in a reasonable amount such that the proceeds of the fee do not exceed the total direct and indirect costs of administering the program or activity with which the fee is associated.#