Report Title:

Driver Education Special Fund; Non-criminal Traffic Infractions

Description:

Requires the state director of finance to transfer     % of the monetary assessments imposed and collected for non-criminal traffic infractions or $1,000,000 per fiscal year, whichever is less, to the superintendent's driver education special fund. Establishes the special fund and makes an appropriation.

THE SENATE

S.B. NO.

59

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to driver education.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II, subpart C, to be appropriately designated and to read as follows:

"§302A-     Superintendent's driver education special fund. (a) There is established within the state treasury a special fund to be known as the superintendent's driver education special fund, into which shall be deposited:

(1) Moneys transferred by the state director of finance pursuant to section 291D-9(e);

(2) Moneys allocated by the director of commerce and consumer affairs pursuant to section 431:10C-115(c)(2)(A);

(3) Moneys collected by the board pursuant to section 302A-416; and

(4) Any other moneys received by the department in the form of fees, grants, subsidies, and donations for a driver education program.

(b) The superintendent's driver education special fund shall be administered by the department and used to fund the motor vehicle driver education and training program established and administered pursuant to section 302A-413."

SECTION 2. Section 291D-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291D-9[]] Monetary assessments. (a) A person found to have committed a traffic infraction shall be assessed a monetary assessment not to exceed the maximum fine specified in the statute defining the traffic infraction.

(b) Notwithstanding section 291C-161 or any other law to the contrary, the district court of each circuit shall prescribe a schedule of monetary assessments for all traffic infractions, and any additional assessments to be imposed pursuant to subsection (c). The particular assessment to be entered on the notice of traffic infraction pursuant to section 291D-5 shall correspond to the schedule prescribed by the district court. Except after proceedings conducted pursuant to section 291D-8 or a trial conducted pursuant to section 291D-13, monetary assessments assessed pursuant to this chapter shall not vary from the schedule prescribed by the district court having jurisdiction over the traffic infraction.

(c) In addition to any monetary assessment imposed for a traffic infraction, the court may impose additional assessments for:

(1) Failure to pay a monetary assessment by the scheduled date of payment; or

(2) The cost of service of a penal summons issued pursuant to this chapter.

(d) The court may grant to a person claiming inability to pay, an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu thereof. If the assessment is not paid or the community service is not performed on or before the date established and the court has not extended the time, the court shall take action as provided in section 291D-10.

(e)          per cent of the monetary assessments imposed and collected pursuant to this section or $1,000,000 per fiscal year, whichever is less, shall be transferred by the director of finance of the State to the superintendent's driver education special fund established in section 302A-    ."

SECTION 3. Section 302A-416, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-416[]] Driver education fee. The board may assess a fee for each student enrolling in the driver education program. All such fees collected shall be deposited into the [state treasury to the credit of the general fund.] superintendent's driver education special fund established in section 302A-    ."

SECTION 4. There is appropriated out of the superintendent's driver education special fund the sum of $        , or so much thereof as may be necessary for fiscal year 2003-2004, and the same sum, or so much thereof as may be necessary for fiscal year 2004-2005, to operate the motor vehicle driver education and training program established and administered pursuant to section 302A-413, Hawaii Revised Statutes.

SECTION 5. The sums appropriated shall be expended by the department of education for the purposes of the superintendent's driver education special fund.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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