Although agencies with authority to set their own fees are not required to follow the procedures set out in this Bulletin, their fees must be consistent with the constitutional principles governing the fee setting process. Therefore, any state agency setting fees should use the approach described in this Bulletin. Fees set in statute are not subject to further administrative process. Unless otherwise provided by law, all fee revenue is credited to the General Fund.
Constitutional principles govern the fee setting process.
Only a legislative body has authority to assess taxes. Therefore, fees may not be used purely as a tool to raise revenue, but must reflect the government s cost of providing the service associated with the fee. Fees are charged for particular governmental services that benefit the parties paying the fees. Fees are paid by choice, in that one can forego the service and thereby avoid the charge. Fees are collected not to raise revenues but to compensate the governmental entity providing the service for its expenses.