Report Title:
Drivers Education; Fees; Motorcycle Operator Education; Certification of Military Program
Description:
Transfers the drivers education underwriters fee for motorcycles and motor scooters from the University of Hawaii community colleges to the Department of Transportation. Creates motorcycle operators education fund. Provides for the automatic certification of motorcycle operator education programs operated by the military, if certain standards are met. (SD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1731 |
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TWENTY-FIRST LEGISLATURE, 2002 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO DRIVERS EDUCATION FUND UNDERWRITERS FEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the department of transportation has canceled its agreement with the University of Hawaii community colleges to coordinate motorcycle and motor scooter education classes, and has taken over responsibility for administering the rider education program.
Since the university is no longer administering the state motorcycle program, the primary purpose of this Act is to transfer funding of the program to the department of transportation. A further purpose of this Act is to certify motorcycle training programs conducted by the United States armed services.
SECTION 2. Section 286-108.4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§286-108.4 Driver education and behind-the-wheel driver training program.[]] (a) The director of transportation is directed to establish and certify a statewide driver education program and behind-the-wheel driver training program, to include the number of course hours, curriculum, and certification of teachers and third-party examiners. The director of transportation is also directed to set a cost for the programs to enable the programs to be self-sufficient. The director of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this [[]section[]].
(b) With respect to a motorcycle operator education program operated in the State by any branch of the United States armed services, a motorcycle operator education program that:
(1) Meets standards established by the Motorcycle Safety Foundation; and
(2) Is certified by the respective armed forces' installation commander;
shall be deemed approved and certified by the director of transportation."
SECTION 3. Section 431:10G-107, Hawaii Revised Statutes, is amended to read as follows:
"§431:10G-107 Drivers education fund underwriters fee[.]; motorcycle operators education fund. (a) The commissioner shall assess and levy upon each insurer, and self-insurer, a drivers education fund underwriters fee of $2 a year on each motorcycle or motor scooter insured by each insurer or self-insurer. This fee shall be due and payable [in full] on an annual basis by means and at a time to be determined by the commissioner.
(b) There is created in the treasury of the State a special fund to be known as the motorcycle operators education fund. The commissioner shall deposit [these] the fees collected under this section into [a special drivers education fund account.] the motorcycle operators education fund.
(c) The fees deposited for each fiscal year into the motorcycle operators education fund, when appropriated, shall be [distributed to and expended by the University of Hawaii community colleges] available to the department of transportation for the [operation] administration of a drivers education program for operators of motorcycles or motor scooters. The department of transportation is authorized to spend the amount collected from these fees for the purposes of this section."
SECTION 4. There is appropriated out of the motorcycle operators education fund the sum of $20,000, or so much thereof as may be necessary for fiscal year 2002-2003, to be expended by the department of transportation for the purposes of this Act.
SECTION 5. All funds in the drivers education fund account established pursuant to section 431:10G-107(b), Hawaii Revised Statutes, on the effective date of this Act shall be transferred to the motorcycle operators education fund.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2002.