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Proposed bills seek to increase law enforcement fees and amend fees for driver's licenses

Police Commissioner Le’i Sonny Thompson and ASG Budget Office director Catherine A. Saelua
fili@samoanews.com

Pago Pago, AMERICAN SAMOA — At a hearing last Friday, the Senate Public Safety Committee questioned two government officials on a pair of Senate bills — one which seeks to increase the law enforcement fees collected by the court, and one to amend current driver’s license fees.

The committee, chaired by Sen. Fa’amausili Mau Mau Jr., following the one-hour hearing decided that changes will be made to the original language of the bill before it’s presented to the committee to act on and reported to the full Senate for a vote.

There was no mention by Fa’amausili what changes are being planned.

Police Commissioner Le’i Sonny Thompson and ASG Budget Office director Catherine A. Saelua were the two witnesses.

LAW ENFORCEMENT COSTS

Current law requires the court to impose a law enforcement fee of $10 per conviction for traffic violations and revenues collected are deposited into a separate “Traffic Rehabilitation Account” administered by ASG Treasury.

The revenues are expended solely for purchase or maintenance of traffic control devices, traffic patrol vehicles, and traffic safety or traffic law enforcement.

The Senate bill seeks to hike the cost to $40 per violation, and add into current law proposed amendments: that revenues collected can be expended for “hiring of traffic officers... the purchase of maintenance and fuel” for traffic vehicles and for “school safety patrol officers.”

Responding to committee questions, Saelua said the current balance of the Traffic Rehabilitation Account is $60,626, which is based on the numbers from Treasury. The committee requested a financial breakdown of this account.

Sen. Magalei Logovi’i said the proposed $40 is too high and suggested to start smaller — at $20 — for the law enforcement costs. He said it's best to start slowly, moving upwards, and added that the public is already faced with many fees.

“In the end, it's us who will pay the new proposed $40,” he said.

Other senators supported Magalei's suggestion, saying $20 or even $30 per violation is a good start.

However, there were at least two senators who believe $40 is perfect, as it may be a deterrence for those who are in the habit of violating traffic laws.

Responding to a committee question, Le’i said three DPS divisions get federal grants, but any vehicles purchased are only for use by those three divisions, not for traffic patrol.

Local law states that all monies collected from the law enforcement fees are subject to appropriation by the Fono and approval by the governor.

DRIVERS’ LICENSES FEES

This Senate bill seeks to amend provisions of the current American Samoa REAL ID Act, which was enacted in January this year, dealing fees for various drivers’ licenses issued by the DPS Office of Motor Vehicles.

According to the bill’s preamble, the law allows those who hold immigration ID cards to apply for a Limited Term Driver’s License, which expires on the same date as their immigration ID cards, which is usually 1 year or 3 years — for those holding permanent resident immigration IDs.

“In the spirit of fairness and respect to our foreign national brothers and sisters” living here, the bill seeks to amend fees for Limited Term Driver’s licenses issued to foreign nationals.

The current law states that Limited Term Driver's Licenses — which are valid for one year — is $40. But the bill specifies that the “Limited Term License for 1 year” is $20, which is also the same fee for a renewal.

(Samoa News notes that lower fees for Limited Term Licenses was a promise some senators voiced last year, when debating the American Samoa REAL ID Act legislation. They believed that a driver’s license valid for one-year year shouldn’t be subject to a $40 fee, which is the same fee for a 5-year private driver’s license, arguing that it's too high and unfair to foreigners who reside here and contribute to the territory.)

The bill also specifies the Limited Term License “for three years” at $30 — the same fee for a renewal — and it raises fees for other types of driver’s licenses. For example, private driver’s license — valid for 5 years — increases from $40 to $60 — the same fee for a renewal. Commercial driver’s license has the biggest hike — from $8 to $50 — the same for a renewal; and the Driving Privilege Card — valid for 5-years — increases from $40 to $60.

Other fees remain unchanged, such as the 6-month learner’s permit at $5; visitor permit at $9; and the 5-year American Samoa ID card at $40 — the same amount for a renewal.

Provision of local law states that 75% of each amount paid shall be placed in a revenue fund account for DPS for law enforcement costs and maintenance and supplies for production of driver licenses.

Senators are hopeful that the government will allocate the entire 75% to DPS/ OMV to cover the rising costs of issuing licenses and ID cards.