28-3396. Court diversion fee


A. The presiding judge of each court shall:


1. Set the amount of the court diversion fee that an individual who attends a
defensive driving school may be assessed.


2. Charge an individual a forty-five dollar surcharge if the individual attends a
defensive driving school.


3. Immediately inform the supreme court in writing of the amount of the court
diversion fee that is established for the court and the total cost to attend a defensive
driving school.


4. Immediately inform the supreme court in writing of any changes in the total cost
to attend a defensive driving school.


B. Payment of the court diversion fee and surcharge is in lieu of payment of a
civil penalty or criminal fine and any surcharge that are imposed for a traffic
violation.


C. The driving school shall collect the court diversion fee and surcharge before or
at the time an individual attends the school. On receipt of the diversion fee, the
defensive driving school shall transmit the fee promptly to the appropriate court
pursuant to procedures prescribed by the supreme court. On receipt of the surcharge, the
defensive driving school shall transmit the surcharge promptly to the state treasurer for
deposit, pursuant to sections 35-146 and 35-147, as follows:


1. The first ten million four hundred thousand dollars in revenue annually in the
crime laboratory operations fund established by section 41-1772.


2. All remaining money in the state general fund.