Hawaii-2011-HB774-Introduced

SECTION 1. The purpose of this Act is to reduce general fund appropriations to subsidize the counties' emergency medical services systems by temporarily transferring deposits of certain traffic violation surcharge revenues from the neurotrauma special fund to the emergency medical services special fund.

This Act also transfers the unexpended and unencumbered balance of the former health care revolving fund to the emergency medical services special fund.

This Act takes effect on July 1, 2011, and shall be repealed on June 30, 2013.

SECTION 2. Section 291-11.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Violation of this section shall be considered an offense as defined under section 701-107(5) and shall subject the violator to the following penalties:

(1) For a first conviction, the person shall:

(A) Be fined not more than $100;

(B) Be required by the court to attend a child passenger restraint system safety class conducted by the division of driver education; provided that:

(i) The class may include video conferences as determined by the administrator of the division of driver education as an alternative method of education; and

(ii) The class shall not exceed four hours;

(D) Pay a $10 surcharge to be deposited into the [~~neurotrauma~~] emergency medical services special fund; [[]and[]]

(E) Pay up to a $10 surcharge to be deposited into the trauma system [[]special[]] fund if the court so orders;

(2) For a conviction of a second offense committed within three years of any other conviction under this section, the person shall:

(A) Be fined not less than $100 but not more than $200;

(B) Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length conducted by the division of driver education if the person has not previously attended such a class;

(C) Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class conducted by the division of driver education;

(D) Pay a $10 surcharge to be deposited into the [~~neurotrauma~~] emergency medical services special fund; [[]and[]]

(E) Pay up to a $10 surcharge to be deposited into the trauma system [[]special[]] fund if the court so orders; and

(3) For a conviction of a third or subsequent offense committed within three years of any other conviction under this section, the person shall:

(A) Be fined not less than $200 but not more than $500;

(D) Pay a $10 surcharge to be deposited into the [~~neurotrauma~~] emergency medical services special fund; [[]and[]]

(E) Pay up to a $10 surcharge to be deposited into the trauma system [[]special[]] fund if the court so orders."

SECTION 3. Section 291-11.6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) A person who fails to comply with the requirements of this section shall be subject to a fine of $45 for each violation, a surcharge of $10 [~~which~~] that shall be deposited into the [~~neurotrauma~~] emergency medical services special fund, and may be subject to a surcharge of up to $10 which shall be deposited into the trauma system special fund."

SECTION 4. Section 291C-12, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) For any violation under this section, a surcharge of $500 shall be imposed, in addition to any other penalties, and shall be deposited into the [~~neurotrauma~~] emergency medical services special fund."

SECTION 5. Section 291C-12.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) For any violation under this section, a surcharge of $250 shall be imposed, in addition to any other penalties, and shall be deposited into the [~~neurotrauma~~] emergency medical services special fund."

SECTION 6. Section 291C-12.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) For any violation under this section, a surcharge of $100 shall be imposed, in addition to any other penalties, and shall be deposited into the [~~neurotrauma~~] emergency medical services special fund."

SECTION 7. Section 291C-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the [~~neurotrauma~~] emergency medical services special fund."

SECTION 8. Section 291C-105, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates this section shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

(1) For a first offense not preceded by a prior conviction for an offense under this section in the preceding five years:

(A) A fine of not less than $500 and not more than $1,000;

(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes;

(D) A surcharge of $25 to be deposited into the [~~neurotrauma~~] emergency medical services special fund;

(E) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;

(F) An assessment for driver education pursuant to section 286G-3; and

(G) Either one of the following:

(i) Thirty-six hours of community service work; or

(ii) Not less than forty-eight hours and not more than five days of imprisonment;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section, by:

(A) A fine of not less than $750 and not more than $1,000;

(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;

(D) A surcharge of $25 to be deposited into the [~~neurotrauma~~] emergency medical services special fund;

(E) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;

(F) An assessment for driver education pursuant to section 286G-3; and

(G) Either one of the following:

(i) Not less than one hundred twenty hours of community service work; or

(ii) Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively; and

(3) For an offense that occurs within five years of two prior convictions for offenses under this section, by:

(A) A fine of $1,000;

(B) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year;

(D) No fewer than ten days but no more than thirty days of imprisonment of which at least forty-eight hours shall be served consecutively;

(E) A surcharge of $25 to be deposited into the [~~neurotrauma~~] emergency medical services special fund;

(F) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders; and

(G) An assessment for driver education pursuant to section 286G-3."

SECTION 9. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence as follows:

(1) For the first offense, or any offense not preceded within a five-year period by a conviction for an offense under this section or section 291E-4(a):

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) One-year revocation of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000;

(D) A surcharge of $25 to be deposited into the [~~neurotrauma~~] emergency medical services special fund; and

(E) A surcharge, if the court so orders, of up to $25 to be deposited into the trauma system special fund;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E-4(a):

(A) Revocation for not less than eighteen months nor more than two years of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(B) Either one of the following:

(i) Not less than two hundred forty hours of community service work; or

(ii) Not less than five days but not more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

(D) A surcharge of $25 to be deposited into the [~~neurotrauma~~] emergency medical services special fund; and

(E) A surcharge of up to $50 if the court so orders, to be deposited into the trauma system special fund;

(3) For an offense that occurs within five years of two prior convictions for offenses under this section or section 291E-4(a):

(A) A fine of not less than $500 but not more than $2,500;

(B) Revocation for two years of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(C) Not less than ten days but not more than thirty days imprisonment, of which at least forty-eight hours shall be served consecutively;

(D) A surcharge of $25 to be deposited into the [~~neurotrauma~~] emergency medical services special fund; and

(E) A surcharge of up to $50 if the court so orders, to be deposited into the trauma system special fund;

(4) In addition to a sentence imposed under paragraphs (1) through (3), any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1), (2), or (3), as applicable. Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be not less than two years; and

(5) If the person demonstrates to the court that the person:

(A) Does not own or have the use of a vehicle in which the person can install an ignition interlock device during the revocation period; or

(B) Is otherwise unable to drive during the revocation period,

the person shall be absolutely prohibited from driving during the period of applicable revocation provided in paragraphs (1) to (4); provided that the court shall not issue an ignition interlock permit pursuant to subsection (i) and the person shall be subject to the penalties provided by section 291E-62 if the person drives during the applicable revocation period."

SECTION 10. Section 321-234, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Fees remitted pursuant to section 249-31, cigarette tax revenues designated under section 245-15, interest and investment earnings attributable to the moneys in the special fund, legislative appropriations, and grants, donations, and contributions from private or public sources for the purposes of the fund, shall be deposited into the special fund.

From July 1, 2011 to June 30, 2013, surcharge revenues for certain traffic offenses, as designated by law, shall also be deposited into the special fund."

SECTION 11. Section 321H-4, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) There is established the neurotrauma special fund to be administered by the department with advisory recommendations from the neurotrauma advisory board. The fund shall consist of:

[~~(1)~~ ~~Moneys raised pursuant to the surcharges levied under sections 291-11.5, 291-11.6, 291C-12, 291C-12.5, 291C-12.6, 291C-102, 291C-105, and 291E-61;~~

~~(2)~~] (1) Federal funds granted by Congress or executive order, for the purpose of this chapter; provided that the acceptance and use of federal funds shall not commit state funds for services and shall not place an obligation upon the legislature to continue the purpose for which the federal funds are made available; and

[~~(3)~~] (2) Funds appropriated by the legislature for the purpose of this chapter."

2. By amending subsection (c) to read:

"(c) Moneys in the neurotrauma special fund may be appropriated to obtain federal and private grant matching funds, subject to [~~section 321H-4(a)(2).~~] subsection (a)(1)."

SECTION 12. On June 30, 2011, the unexpended and unencumbered balance of the health care revolving fund that was repealed by section 13 of Act 178, Session Laws of Hawaii 2002, shall be transferred into the emergency medical services special fund.

SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 14. This Act shall take effect on July 1, 2011, and be repealed on June 30, 2013; provided that sections 291-11.5, 291-11.6, 291C-12, 291C-12.5, 291C-12.6, 291C-102, 291C-105, 291E-61, 321-234, and 321H-4, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day before the effective date of this Act.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	774
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII