1282 AMH GOOD H2354.2
HB 1282 - H AMD 372
By Representative Goodman
NOT CONSIDERED 12/23/2019
Strike everything after the enacting clause and insert the following:
Sec. 1. "RCW 46.16A.110 and 2014 c 80 s 3 are each amended to read as follows:
(1) A registered owner or the registered owner's authorized representative must apply for a renewal vehicle registration to the department, county auditor or other agent, or subagent appointed by the director on a form approved by the director. The application for a renewal vehicle registration must be accompanied by:
(a) A draft, money order, certified bank check, or cash for all fees and taxes required by law for the application for a renewal vehicle registration; and
(b) The Washington state driver's license number of the registered owner of the vehicle, unless the registered owner is not required to have a Washington state driver's license under RCW 46.16A.050(1)(b).
(2)(a) When a vehicle changes ownership, the person taking ownership or his or her authorized representative must apply for a renewal vehicle registration as provided in subsection (1) of this section and, except as provided in (b) of this subsection, pay all the taxes and fees that are due at the time of registration renewal. For the purposes of this section, when a vehicle is sold to a vehicle dealer for resale, the application for a renewal registration need not be made until the vehicle is sold by the vehicle dealer.
(b) The person taking ownership or his or her authorized representative must be given credit for the portion of a motor vehicle excise tax, including the motor vehicle excise tax collected under RCW 81.104.160, that reflects the remaining period for which the tax was initially paid by the previous owner.
(3) An application and the fees and taxes for a renewal vehicle registration must be handled in the same manner as an original vehicle registration application. The registration does not need to show the name of the lienholder when the application for renewal vehicle registration becomes the renewal registration upon validation.
(4) A person expecting to be out of state during the normal renewal period of a vehicle registration may renew a vehicle registration and have license plates or tabs preissued by applying for a renewal as described in subsection (1) of this section. A vehicle registration may be renewed for the subsequent registration year up to eighteen months before the current expiration date and must be displayed from the date of issue or from the day of the expiration of the current registration year, whichever date is later.
(5) An application for a renewal vehicle registration is not required for those vehicles owned, rented, or leased by:
(a) The state of Washington, or by any county, city, town, school district, or other political subdivision of the state of Washington; or
(b) A governing body of an Indian tribe located within this state and recognized as a governmental entity by the United States department of the interior.
Sec. 2. RCW 46.20.245 and 2005 c 288 s 1 are each amended to read as follows:
(1) Whenever the department proposes to withhold the driving privilege of a person or disqualify a person from operating a commercial motor vehicle, and this action is made mandatory by the provisions of this chapter or other law, the department must give notice to the person in writing by posting in the United States mail, appropriately addressed, postage prepaid, or by personal service. Notice by mail is given upon deposit in the United States mail. Notice given under this subsection must specify the date upon which the driving privilege is to be withheld which shall not be less than ((forty-five))ninety days after the original notice is given. Notice by mail must also include information on payment plan opportunities that may be available to the recipient.
(2) Within fifteen days after notice has been given to a person under subsection (1) of this section, the person may request in writing an administrative review before the department. If the request is mailed, it must be postmarked within fifteen days after the date the department has given notice. If a person fails to request an administrative review within fifteen days after the date the department gives notice, the person is considered to have defaulted and loses his or her right to an administrative review unless the department finds good cause for a request after the fifteen-day period.
(a) An administrative review under this subsection shall consist solely of an internal review of documents and records submitted or available to the department, unless the person requests an interview before the department, in which case all or any part of the administrative review may, at the discretion of the department, be conducted by telephone or other electronic means.
(b) The only issues to be addressed in the administrative review are:
(i) Whether the records relied on by the department identify the correct person; and
(ii) Whether the information transmitted from the court or other reporting agency or entity regarding the person accurately describes the action taken by the court or other reporting agency or entity.
(c) For the purposes of this section, the notice received from a court or other reporting agency or entity, regardless of form or format, is prima facie evidence that the information from the court or other reporting agency or entity regarding the person is accurate. A person requesting administrative review has the burden of showing by a preponderance of the evidence that the person is not subject to the withholding of the driving privilege.
(d) The action subject to the notification requirements of subsection (1) of this section shall be stayed during the administrative review process.
(e) Judicial review of a department order affirming the action subject to the notification requirements of subsection (1) of this section after an administrative review shall be available in the same manner as provided in RCW 46.20.308(((9)))(8). The department shall certify its record to the court within thirty days after service upon the department of the petition for judicial review. The action subject to the notification requirements of subsection (1) of this section shall not automatically be stayed during the judicial review. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury.
(3) The department may adopt rules that are considered necessary or convenient by the department for purposes of administering this section, including, but not limited to, rules regarding expedited procedures for issuing orders and expedited notice procedures.
(4) This section does not apply where an opportunity for an informal settlement, driver improvement interview, or formal hearing is otherwise provided by law or rule of the department.
Sec. 3. RCW 46.20.245 and 2019 c ... s 2 (section 2 of this act) are each amended to read as follows:
(1) Whenever the department proposes to withhold the driving privilege of a person or disqualify a person from operating a commercial motor vehicle, and this action is made mandatory by the provisions of this chapter or other law, the department must give notice to the person in writing by posting in the United States mail, appropriately addressed, postage prepaid, or by personal service. Notice by mail is given upon deposit in the United States mail. Notice given under this subsection must specify the date upon which the driving privilege is to be withheld which shall not be less than ninety days after the original notice is given. Notice by mail must also include information on local and consolidated payment plan opportunities that may be available to the recipient, including the address of the department web site address required under section 12 of this act.
(2) Within fifteen days after notice has been given to a person under subsection (1) of this section, the person may request in writing an administrative review before the department. If the request is mailed, it must be postmarked within fifteen days after the date the department has given notice. If a person fails to request an administrative review within fifteen days after the date the department gives notice, the person is considered to have defaulted and loses his or her right to an administrative review unless the department finds good cause for a request after the fifteen-day period.
(a) An administrative review under this subsection shall consist solely of an internal review of documents and records submitted or available to the department, unless the person requests an interview before the department, in which case all or any part of the administrative review may, at the discretion of the department, be conducted by telephone or other electronic means.
(b) The only issues to be addressed in the administrative review are:
(i) Whether the records relied on by the department identify the correct person; and
(ii) Whether the information transmitted from the court or other reporting agency or entity regarding the person accurately describes the action taken by the court or other reporting agency or entity.
(c) For the purposes of this section, the notice received from a court or other reporting agency or entity, regardless of form or format, is prima facie evidence that the information from the court or other reporting agency or entity regarding the person is accurate. A person requesting administrative review has the burden of showing by a preponderance of the evidence that the person is not subject to the withholding of the driving privilege.
(d) The action subject to the notification requirements of subsection (1) of this section shall be stayed during the administrative review process.
(e) Judicial review of a department order affirming the action subject to the notification requirements of subsection (1) of this section after an administrative review shall be available in the same manner as provided in RCW 46.20.308(8). The department shall certify its record to the court within thirty days after service upon the department of the petition for judicial review. The action subject to the notification requirements of subsection (1) of this section shall not automatically be stayed during the judicial review. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury.
(3) The department may adopt rules that are considered necessary or convenient by the department for purposes of administering this section, including, but not limited to, rules regarding expedited procedures for issuing orders and expedited notice procedures.
(4) This section does not apply where an opportunity for an informal settlement, driver improvement interview, or formal hearing is otherwise provided by law or rule of the department.
Sec. 4. RCW 46.20.289 and 2016 c 203 s 6 are each amended to read as follows:
(1) The department shall suspend all driving privileges of a person when the department receives notice from a court under RCW 46.64.025 that the person has failed to comply with the terms of a traffic-related criminal complaint or criminal citation.
(2) The department shall suspend all driving privileges of a person when the following criteria are met:
(a) The department receives notice from a court under RCW 46.63.070(6), 46.63.110(6), or 46.64.025 that the person has:
(i) Failed to respond to a notice of traffic infraction for a moving violation((,));
(ii) Failed to appear at a requested hearing for a moving violation((,));
(iii) Violated a written promise to appear in court for a notice of infraction for a moving violation((,)); or ((has))
(iv) Failed to comply with the terms of a notice of traffic infraction((, criminal complaint, or citation for a moving violation, or when)); and
(b) The person has received one or more other traffic infractions for moving violations issued under RCW 46.63.030 for one or more incidents that are separate and distinct from the incident for which the traffic infraction was issued under RCW 46.63.030 for which the notice under (a) of this subsection was issued that have not been adjudicated for which the person failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court for a notice of traffic infraction, or failed to comply with the terms of a notice of traffic infraction, provided the person is not in compliance with a payment plan for the infractions under RCW 46.63.110(6), at the time the determination of qualification to receive a driver's license suspension occurs.
(3) The department shall suspend all driving privileges of a person when the department receives notice from another state under Article IV of the nonresident violator compact under RCW 46.23.010 or from a jurisdiction that has entered into an agreement with the department under RCW 46.23.020, other than for a standing, stopping, or parking violation, provided that the traffic infraction or traffic offense is committed on or after July 1, 2005.
(4) A suspension under this section takes effect pursuant to the provisions of RCW 46.20.245, and remains in effect until the department has received a certificate from the court showing that the case has been adjudicated, and until the person meets the requirements of RCW 46.20.311. In the case of failure to respond to a traffic infraction issued under RCW 46.55.105, the department shall suspend all driving privileges in accordance with subsection (2) of this section until the person provides evidence from the court that all penalties and restitution have been paid.
(5) A suspension under this section does not take effect if, prior to the effective date of the suspension, the department receives a certificate from the court showing that the case has been adjudicated.
Sec. 5. RCW 46.20.289 and 2019 c ... s 4 (section 4 of this act) are each amended to read as follows:
(1) The department shall suspend all driving privileges of a person when the department receives notice from a court under RCW 46.64.025 that the person has failed to comply with the terms of a traffic-related criminal complaint or criminal citation.
(2) The department shall suspend all driving privileges of a person when the following criteria are met:
(a) The department receives notice from a court under RCW 46.63.070(6), 46.63.110(6), or 46.64.025, or section 12(9) of this act that the person has:
(i) Failed to respond to a notice of traffic infraction for a moving violation;
(ii) Failed to appear at a requested hearing for a moving violation;
(iii) Violated a written promise to appear in court for a notice of infraction for a moving violation; or
(iv) Failed to comply with the terms of a notice of traffic infraction; and
(b) The person has received one or more other traffic infractions for moving violations issued under RCW 46.63.030 for one or more incidents that are separate and distinct from the incident for which the traffic infraction was issued under RCW 46.63.030 for which the notice under (a) of this subsection was issued that have not been adjudicated for which the person failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court for a notice of traffic infraction, or failed to comply with the terms of a notice of traffic infraction, provided the person is not in compliance with a payment plan for the infractions under RCW 46.63.110(6) or section 12(9) of this act, at the time the determination of qualification to receive a driver's license suspension occurs.
(3) The department shall suspend all driving privileges of a person when the department receives notice from another state under Article IV of the nonresident violator compact under RCW 46.23.010 or from a jurisdiction that has entered into an agreement with the department under RCW 46.23.020, other than for a standing, stopping, or parking violation, provided that the traffic infraction or traffic offense is committed on or after July 1, 2005.
(4) A suspension under this section takes effect pursuant to the provisions of RCW 46.20.245, and remains in effect until the department has received a certificate from the court showing that the case has been adjudicated, and until the person meets the requirements of RCW 46.20.311. In the case of failure to respond to a traffic infraction issued under RCW 46.55.105, the department shall suspend all driving privileges in accordance with subsection (2) of this section until the person provides evidence from the court that all penalties and restitution have been paid.
(5) A suspension under this section does not take effect if, prior to the effective date of the suspension, the department receives a certificate from the court showing that the case has been adjudicated.
Sec. 6. RCW 46.20.291 and 2016 c 203 s 5 are each amended to read as follows:
The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;
(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;
(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;
(4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3);
(5) 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, criminal complaint, or citation, ((as))and has met the additional criteria for driver's license and driving privileges suspension provided in RCW 46.20.289(2), where applicable;
(6) Is subject to suspension under RCW 46.20.305 or 9A.56.078;
(7) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.0921; or
(8) Has been certified by the department of social and health services as a person who is not in compliance with a child support order or a residential or visitation order as provided in RCW 74.20A.320.
Sec. 7. RCW 46.20.342 and 2015 c 149 s 1 are each amended to read as follows:
(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.
(a) A person found to be a habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.212(4), relating to reckless endangerment of emergency zone workers;
(ix) A conviction of RCW 46.61.500, relating to reckless driving;
(x) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;
(xi) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xii) A conviction of RCW 46.61.522, relating to vehicular assault;
(xiii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;
(xiv) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
(xv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
(xvi) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;
(xvii) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;
(xviii) An administrative action taken by the department under chapter 46.20 RCW;
(xix) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection; or
(xx) A finding that a person has committed a traffic infraction under RCW 46.61.526 and suspension of driving privileges pursuant to RCW 46.61.526 (4)(b) or (7)(a)(ii).
(c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) 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((, as))and has met the additional criteria for driver's license and driving privileges suspension provided in RCW 46.20.289(2), where applicable, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or (viii) the person has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in RCW 74.20A.320, or any combination of (c)(i) through (viii) of this subsection, is guilty of driving while license suspended or revoked in the third degree, a misdemeanor. For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license.
(2) Upon receiving a record of conviction or infraction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction or infraction of any juvenile under this section, the department shall:
(a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.
Sec. 8. RCW 46.16A.040 and 2017 c 147 s 4 are each amended to read as follows:
(1) An owner or the owner's authorized representative must apply for an original vehicle registration to the department, county auditor or other agent, or subagent appointed by the director on a form furnished by the department. The application must contain:
(a) A description of the vehicle, including its make, model, vehicle identification number, type of body, and power to be used;
(b) The name and address of the person who is the registered owner of the vehicle and, if the vehicle is subject to a security interest, the name and address of the secured party;
(c) The purpose for which the vehicle is to be used;
(d) The licensed gross weight for the vehicle, which is:
(i) The adult seating capacity, including the operator, as provided for in RCW 46.16A.455(1) if the vehicle will be operated as a for hire vehicle or auto stage and has a seating capacity of more than six; or
(ii) The gross weight declared by the applicant as required in RCW 46.16A.455(2) if the vehicle will be operated as a motor truck, tractor, or truck tractor;
(e) The empty scale weight of the vehicle; ((and))
(f) The Washington state driver's license number of the registered owner of the vehicle, unless the registered owner is not required to have a Washington state driver's license under RCW 46.16A.050(1)(b); and
(g) Other information that the department may require.
(2) The registered owner or the registered owner's authorized representative shall sign the application for an original vehicle registration and certify that the statements on the application are true to the best of the applicant's knowledge.
(3) The application for an original vehicle registration must be accompanied by a draft, money order, certified bank check, or cash for all fees and taxes due for the application for an original vehicle registration.
(4) Whenever any person, after applying for or receiving a vehicle registration, moves from the address named in the application or in the registration issued to him or her, or changes his or her name of record, the person shall, within ten days thereafter, notify the department of the name or address change as provided in RCW 46.08.195.
Sec. 9. RCW 46.63.110 and 2012 c 82 s 1 are each amended to read as follows:
(1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.
(2) The monetary penalty for a violation of (a) RCW 46.55.105(2) is two hundred fifty dollars for each offense; (b) RCW 46.61.210(1) is five hundred dollars for each offense. No penalty assessed under this subsection (2) may be reduced.
(3) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.
(4) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.
(5) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.
(6) Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation is imposed by a court under this chapter, it is immediately payable and is enforceable as a civil judgment under Title 6 RCW. If the court determines, in its discretion, that a person is not able to pay a monetary obligation in full, and not more than one year has passed since the later of July 1, 2005, or the date the monetary obligation initially became due and payable, the court shall enter into a payment plan with the person, unless the person has previously been granted a payment plan with respect to the same monetary obligation, or unless the person is in noncompliance of any existing or prior payment plan, in which case the court may, at its discretion, implement a payment plan. If the court has notified the department that the person has failed to pay or comply and the person has subsequently entered into a payment plan and made an initial payment, the court shall notify the department that the infraction has been adjudicated, and the department shall rescind any suspension of the person's driver's license or driver's privilege based on failure to respond to that infraction. "Payment plan," as used in this section, means a plan that requires reasonable payments based on the financial ability of the person to pay. The person may voluntarily pay an amount at any time in addition to the payments required under the payment plan.
(a) If a payment required to be made under the payment plan is delinquent or the person fails to complete a community restitution program on or before the time established under the payment plan, unless the court determines good cause therefor and adjusts the payment plan or the community restitution plan accordingly, the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation for civil enforcement until all monetary obligations, including those imposed under subsections (3) and (4) of this section, have been paid, and court authorized community restitution has been completed, or until the court has entered into a new time payment or community restitution agreement with the person. For those infractions subject to suspension under RCW 46.20.289, the court shall notify the department of the person's failure to meet the conditions of the plan, and the department shall suspend the person's driver's license or driving privileges provided the criteria for driving privilege suspension in RCW 46.20.289 have been met.
(b) If a person has not entered into a payment plan with the court and has not paid the monetary obligation in full on or before the time established for payment, the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation to a collections agency until all monetary obligations have been paid, including those imposed under subsections (3) and (4) of this section, or until the person has entered into a payment plan under this section. For those infractions subject to suspension under RCW 46.20.289, the court shall notify the department of the person's delinquency, and the department shall suspend the person's driver's license or driving privileges provided the criteria for driving privilege suspension in RCW 46.20.289 have been met.
(c) If the payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed ten dollars per infraction or twenty-five dollars per payment plan, whichever is less.
(d) Nothing in this section precludes a court from contracting with outside entities to administer its payment plan system. When outside entities are used for the administration of a payment plan, the court may assess the person a reasonable fee for such administrative services, which fee may be calculated on a periodic, percentage, or other basis.
(e) If a court authorized community restitution program for offenders is available in the jurisdiction, the court may allow conversion of all or part of the monetary obligations due under this section to court authorized community restitution in lieu of time payments if the person is unable to make reasonable time payments.
(7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed:
(a) A fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040;
(b) A fee of ten dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the Washington auto theft prevention authority account; and
(c) A fee of two dollars per infraction. Revenue from this fee shall be forwarded to the state treasurer for deposit in the traumatic brain injury account established in RCW 74.31.060.
(8)(a) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 or 46.61.212 shall be assessed an additional penalty of twenty dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a court authorized community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program.
(b) Eight dollars and fifty cents of the additional penalty under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited in the state general fund. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.
(9) If a legal proceeding, such as garnishment, has commenced to collect any delinquent amount owed by the person for any penalty imposed by the court under this section, the court may, at its discretion, enter into a payment plan.
(10) The monetary penalty for violating RCW 46.37.395 is: (a) Two hundred fifty dollars for the first violation; (b) five hundred dollars for the second violation; and (c) seven hundred fifty dollars for each violation thereafter.
Sec. 10. RCW 46.63.110 and 2019 c ... s 9 (section 9 of this act) are each amended to read as follows:
(1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.
(2) The monetary penalty for a violation of (a) RCW 46.55.105(2) is two hundred fifty dollars for each offense; (b) RCW 46.61.210(1) is five hundred dollars for each offense. No penalty assessed under this subsection (2) may be reduced.
(3) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.
(4) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.
(5) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.
(6) Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation is imposed by a court under this chapter, it is immediately payable and is enforceable as a civil judgment under Title 6 RCW. If the court determines, in its discretion, that a person is not able to pay a monetary obligation in full, and not more than one year has passed since the later of July 1, 2005, or the date the monetary obligation initially became due and payable, the court shall enter into a local payment plan with the person, unless the person has previously been granted a local payment plan with respect to the same monetary obligation, or unless the person is in noncompliance of any existing or prior local payment plan, in which case the court may, at its discretion, implement a local payment plan. If the court has notified the department that the person has failed to pay or comply and the person has subsequently entered into a local payment plan and made an initial payment, the court shall notify the department that the infraction has been adjudicated, and the department shall rescind any suspension of the person's driver's license or driver's privilege based on failure to respond to that infraction. "Payment plan," as used in this section, means a plan that requires reasonable payments based on the financial ability of the person to pay. The person may voluntarily pay an amount at any time in addition to the payments required under the payment plan.
(a) If a payment required to be made under the local payment plan is delinquent or the person fails to complete a community restitution program on or before the time established under the local payment plan, unless the court determines good cause therefor and adjusts the local payment plan or the community restitution plan accordingly, the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation for civil enforcement until all monetary obligations, including those imposed under subsections (3) and (4) of this section, have been paid, and court authorized community restitution has been completed, or until the court has entered into a new time payment or community restitution agreement with the person. For those infractions subject to suspension under RCW 46.20.289, the court shall notify the department of the person's failure to meet the conditions of the plan, and the department shall suspend the person's driver's license or driving privileges provided the criteria for driving privilege suspension in RCW 46.20.289 have been met.
(b) If a person has not entered into a local payment plan with the court and has not paid the monetary obligation in full on or before the time established for payment, the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation to a collections agency until all monetary obligations have been paid, including those imposed under subsections (3) and (4) of this section, or until the person has entered into a local payment plan under this section or has entered into a consolidated payment plan as authorized under section 12 of this act. For those infractions subject to suspension under RCW 46.20.289, the court shall notify the department of the person's delinquency, and the department shall suspend the person's driver's license or driving privileges provided the criteria for driving privilege suspension in RCW 46.20.289 have been met.
(c) If the local payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed ten dollars per infraction or twenty-five dollars per payment plan, whichever is less.
(d) Nothing in this section precludes a court from contracting with outside entities to administer its payment plan system. When outside entities are used for the administration of a payment plan, the court may assess the person a reasonable fee for such administrative services, which fee may be calculated on a periodic, percentage, or other basis.
(e) If a court authorized community restitution program for offenders is available in the jurisdiction, the court may allow conversion of all or part of the monetary obligations due under this section to court authorized community restitution in lieu of time payments if the person is unable to make reasonable time payments.
(7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed:
(a) A fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040;
(b) A fee of ten dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the Washington auto theft prevention authority account; and
(c) A fee of two dollars per infraction. Revenue from this fee shall be forwarded to the state treasurer for deposit in the traumatic brain injury account established in RCW 74.31.060.
(8)(a) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 or 46.61.212 shall be assessed an additional penalty of twenty dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a court authorized community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program.
(b) Eight dollars and fifty cents of the additional penalty under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited in the state general fund. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.
(9) If a legal proceeding, such as garnishment, has commenced to collect any delinquent amount owed by the person for any penalty imposed by the court under this section, the court may, at its discretion, enter into a payment plan.
(10) The monetary penalty for violating RCW 46.37.395 is: (a) Two hundred fifty dollars for the first violation; (b) five hundred dollars for the second violation; and (c) seven hundred fifty dollars for each violation thereafter.
NEW SECTION.  Sec. 11. (1)(a) The legislature finds that the current system for addressing unpaid traffic fines is inequitable and disproportionately burdens people with limited economic means. The department of licensing shall convene a work group of stakeholders to explore options for addressing this inequity and disproportionality by reforming the manner in which unpaid traffic fines are collected, the driver's licensing consequences of unpaid traffic fines, and the legal consequences of driving without a valid driver's license. The effort must include an examination of options for consolidated or individual payment plans for unpaid traffic fines, other options for collecting unpaid traffic fines and holding drivers accountable for moving violations without suspending driver's licenses, policies that can increase the rate of drivers who have valid insurance, and the traffic safety risk posed by drivers whose licenses are suspended solely due to unpaid traffic fines compared to the traffic safety risk posed by drivers with an equivalent number of paid moving violations.
(b) The effort must also include an examination of the effectiveness of requiring that the registered vehicle owner's driver's license number be provided at the time of vehicle registration and registration renewal to increase the rate at which driver's license suspension notifications reach driver's license holders, as well as an assessment of the effectiveness of the department of licensing's efforts to provide payment plan information to individuals who receive notices of driver's license suspension and methods in addition to mail that could be used to provide notification of pending driver's license suspension and payment plan options to these individuals.
(2) The following must be invited to participate in the stakeholder work group:
(a) The administrator for the courts or the administrator for the courts' designee;
(b) A district or municipal court judge, appointed by the district and municipal court judges' association;
(c) A prosecutor, appointed by the Washington association of prosecuting attorneys, or the prosecutor's designee;
(d) A municipal prosecutor appointed by the city of Seattle attorney's office;
(e) A public defender, jointly appointed by the Washington defender association and the Washington association of criminal defense lawyers;
(f) A representative of the American civil liberties union;
(g) A district or municipal court administrator or manager, appointed by the district and municipal court management association;
(h) A representative of a civil legal aid organization, appointed by the office of civil legal aid;
(i) A representative of the Washington association of sheriffs and police chiefs;
(j) A representative of a statewide association of police chiefs and sheriffs, selected by the association;
(k) The director of the Washington traffic safety commission or the director's designee;
(l) A representative of a statewide association of city governments, selected by the association;
(m) A representative of a statewide association of counties, selected by the association;
(n) A representative of a statewide association of collection professionals;
(o) A representative of Northwest justice project;
(p) A representative of columbia legal services;
(q) A representative of statewide poverty action network; and
(r) A representative of the faith action network.
(3) The stakeholder work group shall convene as necessary.
(4) The stakeholder work group shall provide final feedback and recommendations to the department of licensing no later than October 1, 2019.
(5) The department of licensing shall submit a report detailing its findings and recommendations to the appropriate committees of the legislature, which must include an assessment of the estimated fiscal impact to government associated with these recommendations, no later than November 1, 2019.
NEW SECTION.  Sec. 12. A new section is added to chapter 46.63 RCW to read as follows:
(1) There is created a program for the consolidation of traffic-based financial obligations from multiple courts of limited jurisdiction into a consolidated payment plan, to provide a path for the reinstatement of driving privileges that are or may be suspended because of failure to comply with the terms of a notice of traffic infraction, criminal complaint, or citation for a moving violation.
(a) The administrative office of the courts shall oversee the program created by this section, and shall contract with a private agency or entity to act as program administrator to implement, administer, and service the consolidated payment plans authorized under the program created by this section.
(i) For the purposes of this section, the administrative office of the courts shall have authority equivalent to courts of limited jurisdiction as provided in RCW 3.02.045 and 46.63.110 to use one or more attorneys, accounts receivable companies, or collection agencies for purposes of collecting outstanding traffic-based financial obligations or administering payment plans and use credit cards or debit cards for purposes of billing and collecting unpaid traffic-based financial obligations, and, in the case of credit cards, assess as court costs the moneys paid for remuneration for services or charges paid to financial institutions.
(ii) Any program administrator that the administrative office of the courts contracts with under this section shall be licensed to operate in the state, and preference in the awarding of any contract shall be given to private agencies or entities with principals who have experience operating on behalf of one or more courts of limited jurisdiction in Washington.
(iii) Any program administrator that the administrative office of the courts contracts with under this section shall provide at least one payment option for participants that does not require or involve additional payment processing fees.
(b) In consultation with the Washington state district and municipal court judges' association and a statewide association representing collection agencies, the administrative office of the courts shall develop an online and paper application form to be used by applicants for the program created by this section. The application form shall include a section asking a prospective participant to attest, under penalty of perjury, if that person's annual income, after taxes, is one hundred twenty-five percent or less of the current federally established poverty level, or if that person receives one or more of the following types of public assistance: Temporary assistance for needy families; aged, blind, or disabled assistance benefits; medical care services under RCW 74.09.035; pregnant women assistance benefits; poverty-related veterans' benefits; food stamps or food stamp benefits transferred electronically; refugee resettlement benefits; medicaid; or supplemental security income.
(c) The administrative office of the courts may assess program participants a one-time payment plan establishment fee up to the amount allowed under RCW 46.20.341(2)(e). The fee shall be included in the total to be paid by the program participant. The fee hereby authorized is not subject to chapters 3.50, 3.62, and 35.20 RCW, and shall be used by the administrative office of the courts to support oversight of the program, with five percent of the establishment fee deposited into the state general fund to be transmitted by the state treasurer to the department to support public education about the program and what is required for a person to have that person's driving privileges restored. The public education provided by the department must include a department web site that provides individuals with contact information for the administrative office of the courts and courts of limited jurisdiction to obtain information on payment plan opportunities.
(d) The administrative office of the courts may adopt policies that are necessary or convenient for purposes of administering the program created by this section including, but not limited to, policies governing the creation of the application form, payment plan terms, and other procedural rules or administrative matters within the purview of the judiciary. Prior to issuing any new policy for the program, the administrative office of the courts is encouraged to solicit public comment and consult with stakeholders, including, but not limited to, the Washington state district and municipal court judges' association, civil legal aid organizations, and a statewide association representing collection agencies.
(2) A person qualifies for entry into the program created by this section if:
(a) That person's driving privileges have been suspended pursuant to RCW 46.20.289, that person has partially met the criteria for driver's license suspension listed under RCW 46.20.289(2)(a), or that person has received a notice as provided in RCW 46.20.245 of a proposed suspension of driving privileges pursuant to RCW 46.20.289; and
(b) That person has unpaid traffic-based financial obligations imposed by two or more different courts of limited jurisdiction, which could, independently or in combination, serve as a basis for suspension of driving privileges if the person owing does not pay in full or the department does not receive certification from the appropriate court that the case is adjudicated.
(3) Even if a person qualifies under subsection (2) of this section, a person is ineligible to participate in the program created by this section if:
(a) The person has been removed from the program created by this section more than twice in the thirty-six month period preceding the date of application for failing to comply with the terms of a payment plan; or
(b) The unpaid traffic-based financial obligations from different jurisdictions have been referred to the same collecting attorney or collection agency, which is offering payment plan terms equivalent to the payment plan offered under the program created by this section.
(4) Any person qualifying for the program created by this section may enter the program by completing the application developed under subsection (1) of this section, submitting the application to the program administrator, entering into a payment plan with the program administrator, and making the first payment as required under said payment plan.
(5) Upon a person entering the program as provided in subsection (3) of this section, the program administrator shall promptly notify the relevant courts to which the program participant owes traffic-based financial obligations, as well as the collecting attorneys, accounts receivable companies, or collection agencies utilized by those courts, to inform the courts and their contracted collectors of the participant's entry in the program. Upon receiving notice that a person has entered the program created by this section, the courts shall promptly notify the department that the infraction or case for which the participant owes traffic-based financial obligations has been adjudicated, and the court's contracted collecting attorneys, accounts receivable companies, or collection agencies shall suspend collection efforts to allow the program administrator to administer the consolidated payment plan created by this section.
(6) As remuneration for administering the consolidated payment plan, the program administrator shall retain as revenue for itself sixty percent of the unpaid collection fees assessed under RCW 19.16.500, minus any court or legal costs paid by the local collecting attorney or collection agency related to a legal proceeding to collect the delinquent traffic-based financial obligations.
(7) While participating in the program created by this section, a participant must make regular monthly payments pursuant to the payment plan he or she entered into with the program administrator.
(a) The administrative office of the courts shall establish policies governing payment plans offered by the program created by this section.
(b) Through December 31, 2024, the standard payment plan terms offered by the program created by this section shall be as follows:
(i) For balances of five hundred dollars or less, a monthly payment of twenty-five dollars;
(ii) For balances of one thousand dollars or less, but more than five hundred dollars, a monthly payment of thirty-five dollars;
(iii) For balances of more than one thousand dollars, a monthly payment of fifty dollars; and
(iv) A monthly payment of twenty-five dollars, regardless of the outstanding balance, for participants with incomes at or below one hundred twenty-five percent of the current federally established poverty level, or for participants receiving one or more of the following types of public assistance: Temporary assistance for needy families; aged, blind, or disabled assistance benefits; medical care services under RCW 74.09.035; pregnant women assistance benefits; poverty-related veterans' benefits; food stamps or food stamp benefits transferred electronically; refugee resettlement benefits; medicaid; or supplemental security income.
After December 31, 2024, the administrative office of the courts may adopt new standard payment plan terms under the authority provided in this section.
(c) Notwithstanding any other provision in this section, a program participant may at any time elect to pay more than the minimum standard payment amount. In addition, any program participant may petition any court to which the program participant owes traffic-based financial obligations that have been consolidated under the program created by this section, and have that court assess the participant's ability to pay. The court hearing the petition, in its discretion, may order a monthly payment amount lower than the amount of the standard payment plan identified in this section.
(d) Provided a participant continues to comply with the terms of the payment plan, the participant may remain in the program created by this section until such time that all traffic-based financial obligations subject to consolidation are paid in full.
Payment plan terms shall set out the conditions under which a failure to comply with said terms will result in removal from the program, and shall at a minimum include that removal from the program will result if any payment due becomes more than forty-five days delinquent.
(8) While the participant is participating in the program created by this section, all unpaid accrued interest on the participant's traffic-based financial obligations subject to consolidation under the program shall be provisionally suspended.
(a) If a participant satisfies a traffic-based financial obligation subject to consolidation under the program by making all required payments and otherwise meeting the terms of the payment plan, all provisionally suspended unpaid accrued interest on the satisfied traffic-based financial obligation shall be waived.
(b) If a participant is removed from the program, the provisionally suspended unpaid accrued interest on the unsatisfied traffic-based financial obligations subject to consolidation under the program shall be reinstated.
(c) Nothing in this section shall be interpreted to limit a court's ability to independently waive, reduce, or suspend a portion or all of a fine or penalty.
(9) If a participant is removed from the program created by this section, the program administrator shall promptly notify the relevant courts to which the program participant still owes traffic-based financial obligations. Upon receiving the notice that the participant was removed from the program, the court shall promptly notify the department of the person's failure to meet the conditions of the payment plan if the criteria in RCW 46.20.289 have otherwise been satisfied, and the department shall suspend the person's driving privileges when notified.
(10) Notwithstanding any other provision in this section, a traffic-based financial obligation shall not be eligible for consolidation under the program if a legal proceeding, such as garnishment, has commenced to collect the delinquent traffic-based financial obligation owed by the person, unless the court, in its discretion, authorizes the traffic-based financial obligation to be included in the consolidated payment plan pursuant to its authority under RCW 46.63.110(9).
(11) Payments made to the program administrator for the consolidated payment plans created by this section shall first be applied to the program establishment fee, with the remainder divided equally among the number of courts of limited jurisdiction that originally ordered the traffic-based financial obligations consolidated under the program. Revenue collected under the program created by this section shall be distributed to the appropriate courts of limited jurisdiction, or to the collecting attorneys, accounts receivable companies, or collection agencies that contract with said courts for distribution to the courts based upon the terms of the applicable contract, on a periodic basis not less frequently than monthly.
(12) For the purposes of this section:
(a) "Participant" means a person who has qualified and entered the program created by this section.
(b) "Payment plan" has the same meaning as in RCW 46.63.110(6).
(c) "Program" means the program for the consolidation of traffic-based financial obligations created by this section.
(d) "Program administrator" means the contracted private agency or entity tasked with implementing, administering, and servicing the consolidated payment plans authorized under the program created by this section.
(e) "Traffic-based financial obligation" means any monetary penalty, fee, cost, assessment, or other monetary obligation imposed when a person is either found to have committed a traffic infraction or convicted of a traffic misdemeanor or gross misdemeanor offense.
NEW SECTION.  Sec. 13. A new section is added to chapter 46.64 RCW to read as follows:
Whenever a court of limited jurisdiction imposes a monetary penalty, fee, cost, assessment, or other monetary obligation under this chapter for conviction of a violation of this title that is a misdemeanor or gross misdemeanor, the person who owes such obligations, if otherwise eligible, may consolidate the obligations with the program authorized under section 12 of this act.
NEW SECTION.  Sec. 14. The administrator for the courts and the director of the department of licensing may take the necessary steps to ensure that this act is implemented on its effective date.
NEW SECTION.  Sec. 15. Sections 1, 2, 4, and 6 through 9 of this act take effect January 1, 2020.
NEW SECTION.  Sec. 16. Sections 3, 5, 10, and 12 through 14 of this act take effect January 1, 2021.
NEW SECTION.  Sec. 17. Section 11 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
EFFECT: (1) Strikes the bill in its entirety.
(2) Extends the notice the Department of Licensing (DOL) must provide before it proposes to withhold the driving privilege of a person from forty-five to ninety days after the original notice is given, and requires DOL to provide payment plan information to recipients.
(3) Changes the grounds for suspension related to failure to respond to a notice of traffic infraction for a moving violation, failure to appear at a requested hearing, violation of a written promise to appear in court for a notice of traffic infraction, or failure to comply with the terms of a notice of traffic infraction (noncriminal only), requiring that, for suspension to occur, a person must receive one or more separate traffic infractions for moving violations that have not yet been adjudicated, which occurred as part of a separate incident, and for which the person failed to respond, failed to appear, violated a written promise to appear, or failed to comply with the terms of the notice of traffic infraction, provided the person is not in compliance with a court payment plan for these traffic infractions.
(4) Requires a registered owner provide his or her Washington state driver's license number at the time of vehicle registration and registration renewal, except for cases where the registered owner is not required to have a Washington state driver's license.
(5) Establishes a stakeholder work group to be convened by DOL, with certain membership specified, that is required to explore options to reform the manner in which unpaid traffic fines are collected, the driver's licensing consequences of unpaid traffic fines, and the legal consequences of driving without a valid driver's license, as well as the impact of requiring that driver's license numbers be provided at the time of vehicle registration and registration renewal on driver's license suspension notification and of DOL-provided payment plan information dissemination at the time of notification, and identification of alternative notification opportunities, with a report due to the Legislature by November 1, 2019.
(6) Establishes a program for the payment of multiple traffic-based financial obligations from multiple courts for individuals who meet certain maximum annual income or public benefits requirements to be overseen by the Administrative Office of the Courts (AOC) for the use of individuals whose driving privileges are, or are at risk of, being suspended because of a failure to comply with the terms of a notice of traffic infraction, criminal complaint, or criminal citation, failure to appear at a requested hearing, violation of a written promise to appear in court for a notice of traffic infraction, or failure to comply with the terms of a notice of traffic infraction, criminal complaint, or criminal citation.
(7) Requires the AOC to contract with a private agency or entity to serve as the program administrator over the payment plans, with the AOC required to give preference of the awarding of any contract to entities with experience operating on behalf of one or more courts of limited jurisdiction in the state.
(8) Permits the AOC to assess program participants a one-time payment plan establishment fee of up to $100, with revenues to be used to support oversight of the program, five percent of which are to be provided to DOL to support public education about the program, including the establishment of a department web site with payment plan contact information.
(9) Limits program participation to individuals whose driving privileges have been suspended, or are at risk of being suspended, for the reasons noted in (1) above and who have unpaid traffic-based financial obligations imposed by two or more different courts of limited jurisdiction, and who have not been removed from this program more than twice in a 36-month period and have not been offered payment plan terms equivalent to this program's by a collecting attorney or collection agency.
(10) Requires the program administrator to inform the relevant courts of an individual's participation, and the courts notified to notify DOL that the obligations have been adjudicated.
(11) Requires that a person to be removed from a payment plan if the person fails to make a payment more than 45 days after it is due.
(12) Requires the program administrator to inform the relevant courts if a participant is removed from the program, the courts notified to notify DOL of the participant's failure to meet conditions of the payment plan if suspension criteria have otherwise been met, and DOL to suspend the person's driving privileges when notified.
(13) Specifies standard payment plan terms for the program through December 31, 2024, with some discretion granted to courts to adjust these, and permits the AOC to adopt new standard payment plan terms after that date.
(14) Permits the program administrator to retain 60 percent of the unpaid collection fees assessed, less any court or legal costs paid by the local collecting attorney or collection agency related to legal proceedings.
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