SENATE BILL REPORT

SB 6284

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: If a payment required to be made under a payment plan is delinquent, the court will notify the Department of Licensing (department) of the person's failure to meet the conditions of the plan, and the department will suspend the person's driver license until all monetary obligations have been paid, and court authorized community restitution has been completed.

An applicant for an occupational license whose driver license is suspended for failure to respond, pay, or comply with a notice of traffic infraction or conviction must enter into a payment plan with the court.

The department will suspend all driving privileges of a person when the department receives notice from a court that the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation.

Whenever any person served with a traffic citation willfully fails to appear for a scheduled court hearing, the court in which the defendant failed to appear will promptly give notice of such fact to the department. Whenever thereafter the case in which the defendant failed to appear is adjudicated, the court hearing the case will promptly file with the department a certificate showing that the case has been adjudicated.

Summary of Bill (Proposed Substitute): Whenever any person served with a traffic citation willfully fails to respond to a notice of traffic infraction for a moving violation, fails to appear at a requested hearing for a moving violation, violates a written promise to appear in court for a notice of a moving violation, or fails to comply with the terms of a moving violation, the court in which the defendant failed to appear promptly gives notice of such fact to the department.

Whenever a monetary penalty or other monetary obligation is imposed, it is immediately payable and is enforceable as a civil judgment. If a payment required to be made under the payment plan is delinquent, the court may refer the unpaid monetary penalty or other monetary obligation for civil enforcement until all monetary obligations have been paid. For those infractions subject to suspension under the department's authority, the court notifies the department of the person's failure to meet the conditions of the plan, and the department suspends the person's driver's license or driving privileges.

An applicant for an occupation license whose driver license is suspended for failure to respond, pay, or comply with a notice of traffic infraction or conviction, is no longer required to enter into a payment plan with the court.

A moving violation is defined by certain crimes and traffic violations.

Staff Summary of Public Testimony: PRO: This bill will save money, preserve jobs, and help alleviate poverty. Many people are living in poverty. Many of our residents drive to work, and if their licenses are suspended, these people are put in a difficult position. The current law costs a lot of money to enforce. There is no link between public safety and failure to pay fines. If you get a non-moving violation, your license won't be suspended. If you get a moving violation, your license can still be suspended, which is important.

OTHER: People who get moving violations should have their licenses suspended because they are dangerous and cost the state a great deal of money when they get into accidents. We want to save money and lives. We need to hold people accountable who commit moving violations. Some technical changes should be made. We just want to make sure that the definition of moving violations is clear for the courts to enforce.