HB0006In Committee

Amends TCA Title 36, Chapter 5, Part 7; Title 40, Chapter 24 and Title 55, Chapter 50.

This bill requires, prior to the suspension of a driver license due to nonpayment of a fine or costs for a driving offense, the local court or court clerk to offer a licensee the opportunity to submit proof of financial inability to pay any portion of such fine or costs. Under this bill, the local court or court clerk will consider a person financially unable to pay if the person receives an annual income, after taxes, of 185 percent or less of the poverty guidelines updated periodically by the United States department of health and human services. This bill prohibits the department of safety from suspending the license if the person proves the inability to pay the fine or costs.<br /> <br /> This bill also authorizes a person whose driver license was restricted, suspended, or revoked for the reasons stated above prior to January 1, 2020, to apply to the court having original jurisdiction over the offense for reinstatement of the person's driver license. The person must supply financial documentation as specified above to the court, and the court will order that the person's driver license be reinstated if it finds that the person is financially unable to pay. The department of safety will reissue a driver license upon presentation of a certified copy of the court's order, and the person will not be required to pay the reinstatement fees associated with the driving offense. This bill will take effect January 1, 2020.<br /> <br />

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Overview

This bill requires, prior to the suspension of a driver license due to nonpayment of a fine or costs for a driving offense, the local court or court clerk to offer a licensee the opportunity to submit proof of financial inability to pay any portion of such fine or costs. Under this bill, the local court or court clerk will consider a person financially unable to pay if the person receives an annual income, after taxes, of 185 percent or less of the poverty guidelines updated periodically by the United States department of health and human services. This bill prohibits the department of safety from suspending the license if the person proves the inability to pay the fine or costs.<br /> <br /> This bill also authorizes a person whose driver license was restricted, suspended, or revoked for the reasons stated above prior to January 1, 2020, to apply to the court having original jurisdiction over the offense for reinstatement of the person's driver license. The person must supply financial documentation as specified above to the court, and the court will order that the person's driver license be reinstated if it finds that the person is financially unable to pay. The department of safety will reissue a driver license upon presentation of a certified copy of the court's order, and the person will not be required to pay the reinstatement fees associated with the driving offense. This bill will take effect January 1, 2020.<br /> <br />

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Sponsor

Miller, Larry

Details
Session

111th General Assembly

Introduced

November 14, 2018

Last Action

March 12, 2019

Taken off notice for cal in s/c Safety & Funding Subcommittee of Transportation Committee

Subjects
Driver LicensesTraffic Safety

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