SENATE 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

Senate Committee on Transportation

Senate Hearing Date(s):March 24, 1987; March 26, 1987; February 17, 1988; February 18, 1988

Majority Report:  Do pass.

      Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; von Reichbauer, Vice Chairman; Barr, Bender, Conner, Garrett, Hansen, Kiskaddon, McMullen, Sellar.

Senate Staff:Cathy Mayo (786-7304)

                  February 19, 1988

AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 18, 1988

BACKGROUND:

Under the state's financial responsibility law, a person's driving privileges may be suspended for failure to pay a judgment 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 immediately is to suspend the judgment debtor's privilege to drive.

The driver is entitled to a departmental hearing. 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.

The department feels that it should be removed from the position of holding a hearing on a court decision to suspend a person's driving privilege as a result of a default judgment (failure to appear).

SUMMARY:

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

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Don Bonner, DOL