Z-42                  _______________________________________________

                                                    HOUSE BILL NO. 294

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

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

Read first time 1/23/87 and referred to Committee on Judiciary.

AN ACT Relating to suspension of drivers' licenses; and amending RCW 46.29.330.

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

        Sec. 1.  Section 33, chapter 169, Laws of 1963 as last amended by section 3, chapter 44, Laws of 1969 ex. sess. and RCW 46.29.330 are each amended to read as follows:

          The department upon receipt of the certificates provided for by RCW 46.29.310, on a form provided by the department, shall forthwith suspend the license and any nonresident's driving privilege of any person against whom such judgment was rendered, except as hereinafter otherwise provided in ((this section or in)) other sections of this chapter.

          ((When the certificates transmitted to the department under RCW 46.29.310 indicate that a default judgment has been entered against the defendant but do not indicate clearly that service of summons was on the person of the defendant, then the department shall promptly notify the defendant by first class mail addressed to the address in the department's records under RCW 46.20.205 (if a nonresident, then to the comparable record in his home state) that within twenty-five days of the mailing date, which shall be indicated on the notice, he may request a hearing on the question of the suspension of his license or nonresident driving privilege.  If the defendant does not make a timely request for a hearing, then the suspension shall be forthwith executed.  Should a hearing be timely requested, then the department shall convene a hearing in conformity with chapter 34.04 RCW, as now law or hereafter amended.  The defendant's license or nonresident driving privilege shall not be suspended if at such hearing he overcomes the following presumptions:

          (a) That he received actual and timely notice of the suit against him.

          (b) That he would have received actual and timely notice had he conformed to the provisions of RCW 46.20.205.

          (c) That he would have received actual and timely notice had he not thwarted the attempt or attempts to so notify him.))