HOUSE OF REPRESENTATIVES

H.B. NO.

1637

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DRIVER EDUCATION AND TRAINING FUND.

 

 

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

 


SECTION 1. Section 286G-2, Hawaii Revised Statutes, is amended to read as follows:

"286G-2 Driver education and training fund. There is established in the state treasury a special fund to be known as the driver education and training fund. All driver education assessments collected pursuant to this chapter shall be deposited in the driver education and training fund to be expended by the administrative director of the courts for driver education and training programs and services administered by the judiciary, subject to part III of chapter 37 to the extent that the same applies to appropriations for the judiciary."

SECTION 2. Section 286G-3, Hawaii Revised Statutes, is amended to read as follows:

"286G-3 Driver education assessments. (a) A driver education assessment of $7 shall be levied on a finding that a violation of a statute or county ordinance relating to vehicles or their drivers or owners occurred, except for:

(1) Offenses relating to stopping (when prohibited), standing, or parking;

(2) Offenses relating to registration; and

(3) Offenses by pedestrians.

(b) [Driver] To defray the costs of programs and services provided by the division of driver education, driver education assessments of:

(1) $100 shall be levied on persons [convicted]:

(A) Convicted under section 291E-61 [or], 291E-61.5 [to defray costs of services provided by the driver education and training program;], or 291E‑64; or

(B) Required to attend or enrolled in an alcohol and drug education/driving under the influence of intoxicants program;

(2) $50 shall be levied on persons required to attend or enrolled in a child passenger restraint system safety class, including persons convicted under section 291-11.5; and

(3) $75 shall be levied on persons required to attend or enrolled in a driver retraining program, including persons convicted under section 291C-105 [to defray costs of services provided by the driver education and training program].

(c) The driver education assessments levied by subsections (a) and (b) shall be paid for each violation in addition to any fine imposed by the court, [and] regardless of whether a fine is suspended[; provided that the driver education assessment of $100 levied on a person convicted under section 291E-61 or 291E-61.5 may be waived by the court if the court determines that the person is unable to pay the driver education assessment].

(d) Except for persons who are provided programs or services by the division in order to satisfy the requirements of another jurisdiction, an assessment levied under subsection (b) may be waived by the court if the court determines that the person is unable to pay the driver education assessment.

[(d)] (e) The amount of each driver education assessment levied by subsections (a) and (b) shall be transmitted by the clerk of the court for deposit in the driver education and training fund."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Judiciary Package; Driver Education and Training Fund

 

Description:

Clarifies purpose of driver education and training fund. Imposes assessment on all persons provided programs and services by the division of driver education. Allows the court to waive assessments for persons unable to pay, except for persons who obtain programs or services from the Hawaii division of driver education to fulfill the requirements of another jurisdiction.

 

 

 

 

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