HOUSE BILL REPORT

HB 294

BYRepresentatives Heavey, Padden, Armstrong and Kremen; by request of Department of Licensing

Eliminating hearings in certain drivers' license suspensions.

House Committe on Judiciary

Majority Report:     Do pass.  (16)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, P. King, Lewis, Moyer, Niemi, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE JANUARY 13, 1988

BACKGROUND:

Under the state's financial responsibility law, a person may have his or her privilege to drive suspended for failure to pay a judgment against him or her for personal injury or property damage as the result of a traffic accident.  Once a judgment is 30 days overdue, the court that entered the judgment is to send notice to that effect to the Department of Licensing. Upon receipt of that notice, the department is immediately to suspend the judgment debtor's privilege to drive.

There are four exceptions to the general rule that the department must immediately suspend the driving privilege of a judgment debtor who is in arrears.  First, if the driver was with permission operating a government vehicle, the department is not to suspend his or her privilege to drive.  Second, the department has discretion not to suspend if the judgment creditor consents, and the judgment debtor furnishes proof of financial responsibility.  Third, if the department finds that an insurer is obligated to pay the judgment debtor's debt, the department is not to suspend the debtor's driving privilege.

Finally, an exception exists when the court's notice of overdue payment indicates that the judgment was by default and does not clearly indicate that the debtor was personally served with the summons.  In such cases of default judgments, the department must attempt to notify the debtor by first class mail of his right to a hearing.  If a hearing is requested, the debtor must overcome the presumption either that he or she did in fact receive the summons or that failure of service was his or her fault.

SUMMARY:

The Department of Licensing is allowed to suspend the driving privilege of a default judgment debtor without offering a hearing on whether service of summons was made.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Wayne Roice, Department of Licensing.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The bill removes an unnecessary and time-consuming requirement.

House Committee - Testimony Against: None Presented.