SENATE BILL REPORT

EHB 2659

As of February 25, 2016

Title: An act relating to the consolidation of traffic-based financial obligations through a unified payment plan system.

Brief Description: Developing a plan for the consolidation of traffic-based financial obligations.

Sponsors: Representatives Jinkins, Hansen, Magendanz, Kilduff and Goodman; by request of Attorney General.

Brief History: Passed House: 2/16/16, 97-0.

Committee Activity: Law & Justice: 2/24/16.

Staff: Aldo Melchiori (786-7439)

Background: A notice of a traffic infraction is a determination that a person has committed the traffic infraction, and the determination is final unless the person contests the infraction. A person who receives a notice of a traffic infraction may either pay a fine or request a hearing to contest the notice. If the person fails to pay the fine or fails to appear at a requested hearing, the court will enter an order assessing the monetary penalty for the traffic infraction.

A form for a notice of a traffic infraction must include a statement that the person may be able to enter into a payment plan with the court. If a court determines, in its discretion, that a person is unable to pay immediately and less than one year has passed since the infraction became due, the court must enter into a payment plan with the person. If the person has previously been granted a payment plan for the same fine, or if the person is in noncompliance with any previous or existing payment plan, the court has the discretion to enter into a payment plan. A court may administer the payment plan itself or may contract with an outside entity to do so.

Failure to respond to the notice, pay the fine, or comply with a payment plan results in license suspension.

Spokane and King county have established relicensing programs that enable drivers whose licenses are suspended for delinquent traffic fines to consolidate their fines into an affordable payment plan and have their licenses reinstated.

Summary of Bill: The bill as referred to committee not considered.

Summary of Bill (Proposed Amendment): A work group of stakeholders is convened by the Office of the Attorney General (AGO) to receive input and provide feedback on a plan and the program for the efficient statewide consolidation of an individual's traffic-based financial obligations imposed by courts of limited jurisdiction into a unified and affordable payment plan. The following people must be invited to participate on the work group:

• the administrator for the courts or the administrator's designee;

• the director of the Department of Licensing, or the director's designee;

• a district or municipal court judge, appointed by the District and Municipal Court Judges' Association;

• a prosecutor, appointed by the Washington Association of Prosecuting Attorneys, or the prosecutor's designee;

• a public defender, jointly appointed by the Washington Defender Association and the Washington Association of Criminal Defense Lawyers;

• a district or municipal court administrator or manager, appointed by the District and Municipal Court Management Association;

• a representative of a civil legal aid organization, appointed by the Office of Civil Legal Aid;

• the Chief of the Washington State Patrol, or the chief's designee;

• a representative of a statewide Association of Police Chiefs and Sheriffs, selected by the association;

• the director of the Washington Traffic Safety Commission, or the director's designee;

• a representative of a statewide association of city governments, selected by the association;

• a representative of a statewide association of counties, selected by the association; and

• a representative from a statewide association of collection professionals.

The work group convenes as necessary. The work group provides final feedback and recommendations to the AGO no later than September 15, 2017. A final report from the AGO, detailing its recommendations and the plan, must be submitted to the Supreme Court, the Governor, and the appropriate committees by December 1, 2017.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: The Attorney General's Office is the proper entity to convene this task force. The purpose of the effort is to develop a plan to encourage personal responsibility and make the payment of these obligations feasible for those who owe them.

Persons Testifying: PRO: Representative Jinkins, prime sponsor; Travis Alley, Office of the Attorney General; Joan Wall, Assn. of Washington Cities

Persons Signed In To Testify But Not Testifying: No one.