BP BHEAD INT H

AN ACT Relating to the suspension of driver's licenses for failure to pay child support; adding a new section to chapter 74.20A RCW; and adding new sections to chapter 46.20 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 74.20A RCW to read as follows:

(1) The department may serve a notice upon a responsible parent informing that parent of the department's intent to certify the parent to the department of licensing as an individual who is not in compliance with a child support order. "Noncompliance with a child support order" means cases where arrears totaling three or more months of current support have accumulated since the entry of the order and the responsible parent has not made arrangements satisfactory to the division of child support to pay current support and retire the arrears. The notice shall be served personally, or by any form of mail requiring a return receipt. The notice shall inform the responsible parent that:

(a) The parent may contest the issue of compliance at an adjudicative proceeding pursuant to chapter 34.05 RCW;

(b) A request for an adjudicative proceeding shall be in writing and must be received by the department within twenty days of the date of service;

(c) If the parent requests an adjudicative proceeding within twenty days of the date of service, the department shall stay action to certify the parent to the department of licensing pending the outcome of the adjudicative proceeding;

(d) The department shall certify the parent to the department of licensing for noncompliance with a child support order unless the parent, within twenty days of the date the notice is served:

(i) Requests an adjudicative proceeding to contest the issue of noncompliance; or

(ii) Makes arrangements, satisfactory to the department, to pay current support and retire the past-due child support debt;

(e) If the department certifies the parent to the department of licensing, the department of licensing shall suspend the parent's driver's license;

(f) If the parent requests an adjudicative proceeding, the parent shall direct the request to the division of child support field office that is responsible for handling the parent's case; and

(g) If the parent files an action to modify support with the appropriate judicial or administrative forum that issued the order, the department shall, for up to one hundred eighty days, stay action to certify the parent to the department of licensing for noncompliance with a child support order.

(2) The notice shall include the address and telephone number of the division of child support field office that issues the notice, a copy of the responsible parent's child support order, and the amount of the delinquency.

(3) A responsible parent may request an adjudicative proceeding within twenty days of the date the notice is served. The request for adjudicative proceeding shall be in writing and include the responsible parent's current address. The adjudicative proceeding will be conducted in accordance with the procedures in chapter 34.05 RCW and the rules of the department. The issues that may be considered at an adjudicative proceeding under this section are limited to whether the parent is required to pay child support under a child support order and whether the parent is in compliance with that order.

(4) The decision resulting from the adjudicative proceeding shall be in writing and inform the responsible parent of all rights to review. The responsible parent's copy of any order resulting from the adjudicative proceeding may be sent to the parent by regular mail.

(5) If a responsible parent timely requests an adjudicative proceeding to contest the issue of compliance with the child support order, the department may not certify the name of the parent to the department of licensing unless the adjudicative proceeding process results in a finding that the parent is not in compliance with the child support order.

(6) If a responsible parent fails to respond timely to the original notice, the department shall issue a second notice to the parent. The second notice shall advise the parent that the department shall, ninety days from the date of the second notice, certify the parent to the department of licensing for noncompliance with a child support order unless the parent makes arrangements satisfactory to the division of child support to pay current support and retire the delinquency under the child support order. This second notice shall be sent by regular mail and the parent may not contest this second notice by requesting an adjudicative proceeding.

(7) The department may certify in writing, or by electronic transfer, to the department of licensing that a responsible parent is not in compliance with a child support order if:

(a) The parent does not timely request an adjudicative proceeding upon service of a notice issued under this section and is not in compliance with a child support order twenty-one days after service of the notice;

(b) Within twenty days of receiving the notice under this section the parent fails to make arrangements satisfactory to the division of child support to pay current support and retire the delinquency under the child support order; or

(c) The parent timely requests an adjudicative proceeding that results in a final order that the parent is not in compliance with a child support order.

The department shall send by regular mail a copy of any certification of noncompliance filed with the department of licensing to the responsible parent at the parent's last known address.

(8) The department shall release certifications of noncompliance previously filed with the department of licensing when the parent is in compliance with the child support order or makes satisfactory arrangements with the division of child support to retire any delinquency under the order. The department shall issue such releases to the department of licensing in writing, or by electronic transfer. The department shall send the parent a copy of the release by regular mail.

(9) Nothing in this section prohibits a responsible parent from filing an action with the appropriate forum to modify the child support order. The department shall, for up to one hundred eighty days, stay action to certify the parent to the department of licensing for noncompliance with a child support order if the parent files an action to modify the order.

(10) The department shall adopt rules to implement and enforce the requirements of this section.

NEW SECTION. Sec. 2. A new section is added to chapter 46.20 RCW to read as follows:

In addition to other qualifications and conditions established under this chapter, the right of an individual to hold a driver's license issued by the department is subject to the requirements of section 1 of this act.

NEW SECTION. Sec. 3. A new section is added to chapter 46.20 RCW to read as follows:

Within thirty days of the department's receipt of a written notice from the department of social and health services as provided under chapter 74.20A RCW, stating that a child support obligor who operates a motor vehicle is not in compliance with a child support order, the department shall suspend the obligor's driver's license. The department may not reinstate a license suspended for noncompliance with a child support order until authorized by the secretary of the department of social and health services, or his or her authorized representative.

NEW SECTION. Sec. 4. A new section is added to chapter 46.20 RCW to read as follows:

Upon suspending an individual's driver's license under section 3 of this act, the department shall notify the individual of the suspension. The notice of suspension shall specify the reason for, and the effective date of, the suspension. The notice of suspension shall inform the individual that in order to apply for reinstatement, the individual shall obtain written authorization from the department of social and health services. The notice of suspension shall inform the individual of the right to petition for judicial review of the notice of suspension in superior court within thirty days of receipt of the notice. The department shall send a copy of the notice of suspension to the department of social and health services.

NEW SECTION. Sec. 5. A new section is added to chapter 46.20 RCW to read as follows:

Upon receipt of a release of certification issued by the department of social and health services, and at the request of an individual whose driver's license has been suspended under section 3 of this act, the department shall reissue the individual's driver's license provided the individual is otherwise eligible under this chapter to obtain a driver's license.

NEW SECTION. Sec. 6. A new section is added to chapter 46.20 RCW to read as follows:

The department of social and health services and the department of licensing may enter into an interagency agreement to carry out the requirements of this act (chapter ..., Laws of 1995).

NEW SECTION. Sec. 7. A new section is added to chapter 46.20 RCW to read as follows:

The department of social and health services shall indemnify the department for reasonable legal expenses incurred in defending the department's actions to comply with the requirements in sections 1 through 5 of this act.