Amendments	Fiscal Memos
HA0160	Amendment 1-0 to HB0839
HA0298	Amendment 2-0 to HB0839

	Amendments	Fiscal Memos
SA0232	Amendment 1-1 to SB1143

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

Increase State Revenue - Net Impact - Exceeds $402,700/FY19-20/Department of Safety Exceeds $7,600/FY20-21 and Subsequent Years/Department of Safety Increase State Expenditures - Exceeds $14,200/FY19-20/Department of Safety Exceeds $2,400/FY20-21 and Subsequent Years/Department of Safety

Bill Summary

Present law authorizes the department of safety to suspend the driver license of an operator or chauffeur who has been finally convicted of any driving offense in any court and has not paid or secured any fine or costs imposed for that offense. In Shelby County, prior to the suspension of a license, the local court or court clerk must offer an installment payment plan, and for so long as the licensee complies with the plan, the department may not suspend the license for nonpayment of the fine or costs. Additionally, a person whose license has been suspended for having been convicted of a driving offense, and for the subsequent failure to pay a fine or cost imposed for that offense, may apply to the court where the person was convicted for the issuance of a restricted license to drive to and from work, the validity of which is contingent on compliance with a payment plan.

This bill changes present law by requiring courts for all districts to inquire of a licensee whether the licensee is able to pay or secure any fine or costs imposed for a driving offense and whether the licensee requests to make payments pursuant to an installment payment plan. If the licensee requests a payment plan, the court must order the licensee to enter into a payment plan with the court clerk and make payments to the court clerk, which must be reasonable and based on the licensee's income and ability to pay. This bill authorizes a licensee who enters a payment plan to request, and the court clerk shall grant, modifications to the payment plan upon a change in the licensee's financial circumstances or upon good cause shown.

If the court finds a licensee indigent, or orders the licensee to enter into a payment plan with the court clerk, the court must order the issuance of a restricted license until the licensee fully pays the moneys owed the court, or such fine or costs are waived by the court. A restricted license under this bill is valid only for travel necessary for employment, school, or religious worship.

This bill applies retroactively so that a person whose license was suspended for nonpayment of costs and fines for a driving offense before this bill's effective date of July 1, 2019, will be authorized to apply to the court with original jurisdiction over their driving offense case for a payment plan and issuance of a restricted license.

ON APRIL 15, 2019, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 839, AS AMENDED.

AMENDMENT #2 expands the scope of the payment plan described in the Bill Summary and replaces present law provisions regarding: orders staying the revocation of a license for failure to pay litigation taxes, court costs, or fine; and waivers of any outstanding court costs and fines for the indigent.

PAYMENT PLAN

This amendment changes and adds to this bill's payment plan provisions, as follows:

(1) Requires the court to require of every licensee who is convicted of a driving offense and who does not pay the assessed fines and costs in full on the date of disposition to make payments according to a payment plan, instead of this bill's requirement that a court so inquire of a licensee who has not paid or secured any fine or costs imposed for a driving offense;

(2) Replaces the bill's requirement that a court issue a restricted license to a licensee who is deemed indigent or is ordered to enter into a payment plan with the court clerk for failing to pay or secure a fine or cost imposed for a driving offense. Under this amendment, a licensee who enters into a payment plan and makes timely payments will retain the licensee's unrestricted license;

(3) Requires the court clerk to inform a person who enters into a payment plan that failure to make timely payments will result in the suspension of the person's license and, upon application to the court, the issuance of a restricted license and to inform a person that any default on the payment plan while the person is issued a restricted license will result in the revocation of the restricted license and the person's driving privileges;

(4) Provides procedures for a person to appeal the denial of a request for modification of a payment plan;

(5) Requires the department of safety to notify a person in writing of a pending suspension of the person's license or revocation of the person's restricted license and provides a 30-day time period for the person to reestablish compliance with a payment plan;

(6) Expands the valid use of a restricted license to include travel that is necessary for participation in a recovery court (which includes drug courts, DUI courts, mental health courts, and veterans treatment courts) and in the event of a serious illness of the person or an immediate family member, instead of just travel necessary for employment, school, and religious worship;

(7) Establishes procedures for reissuing a restricted license to a person whose restricted license is revoked and is actively participating in an installment payment plan;

(8) Replaces present law that specifies the restricted license is not available to: persons convicted of DUI or violation of the implied consent law; persons who have a prior conviction for vehicular assault, vehicular homicide while intoxicated, or aggravated vehicular homicide; and persons who have been convicted of DUI in the previous 10 years. This amendment instead specifies that a person will be issued a restricted license or have the person's license reinstated only if the person is otherwise eligible for a driver license; and

(9) Exempts a restricted license issued pursuant to this bill from a present law requirement that a licensee must give and maintain proof of financial responsibility prior to the issuance of a restricted license.

STAY ORDER

Present law authorizes a person who is unable to pay any portion of assessed litigation taxes, court costs, and fines to apply to the court having original jurisdiction over the offense for an order staying the revocation of the license. An order to stay the revocation of the license is granted if the court finds that the person would experience hardship from the revocation of the license and that other means of transportation are not readily available to the person. The commissioner of safety is prohibited from revoking any license while the stay is in effect.

This amendment removes the present law provisions for such a stay order and replaces it with the payment plan created by this bill.

INDIGENCY

Under present law, a person who is indigent may apply for the waiver of any outstanding court costs and fines. An application for such a waiver must include:

(i) A signed affidavit of indigency; and
(ii) Payment of a fee of up to $50.00, subject to the discretion of the court after consideration of the person's ability to pay.

After consideration of the affidavit of indigency and the payment of any fee, the court may waive any outstanding court costs and fines.

This amendment replaces present law to require a court to suspend the person's taxes, fines, and costs upon proof of a licensee's inability to pay tax, fines, or costs imposed for any disposition of any offense the criminal laws of this state due to indigency. The court may order the person to reappear before the court for a reevaluation of the person's financial ability or inability to pay the taxes, fines, or costs. If, after the reevaluation, the person is no longer financially unable to pay or secure any portion of the taxes, fines, or costs the court will reinstate the taxes, fines, and costs. If the person remains financially unable to pay any portion of the taxes, fines, or costs, the court will extend the suspension of the person's taxes, fines, and costs for another year and order the person to reappear before the court upon the expiration of the one-year period for a reevaluation of the person's financial ability or inability to pay the fine or cost.