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