D.C.Law 22-175. Traffic and Parking Ticket Penalty Amendment Act of 2018.

D.C.Law 22-175. Traffic and Parking Ticket Penalty Amendment Act of 2018.

AN ACT

To amend the District of Columbia Traffic Adjudication Act of 1978 to clarify what information must be contained in a notice of infraction for a moving infraction, to provide that, for notices of infraction that were detected by an automated traffic enforcement system, if a person fails to answer a notice of infraction within 60 calendar days of the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, a penalty equal to the amount of the fine shall be added, to provide that, for notices of infraction that were detected by an automated traffic enforcement system, if a person fails to answer the notice within 120 calendar days of the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, the commission of the infraction shall be deemed admitted and all points, penalties, and fines shall be assessed, to require, for a notice of infraction that was detected by an automated traffic enforcement system, an additional notice to be mailed to a person, if the notice of infraction remains unanswered, to repeal provisions that allow for the suspension of a person's operator's permit, or the person's privilege to drive within the District in the case of a person holding an out-of-state permit, for certain violations relating to moving infractions, to require the Department of Motor Vehicles to reinstate, within 30 calendar days after the effective date of this act, a person's license, or privilege to drive within the District in the case of a person holding an out-of-state permit, if the person's license, or privilege to drive in the District, was suspended due to failure to pay any civil fines or penalties assessed pursuant to Title II of the District of Columbia Traffic Adjudication Act of 1978 or failure to appear at a hearing, to provide that, if a civil fine or penalty resulting from a notice of infraction issued pursuant to Title II or III of the District of Columbia Traffic Adjudication Act of 1978 remains unpaid 10 years after the notice is issued, the infraction shall be dismissed and any assessed civil fine or penalty shall be vacated and shall not be collected, to lengthen the periods of time before which a person would be penalized for failing to answer a notice of infraction issued pursuant to Title III of the District of Columbia Traffic Adjudication Act of 1978, and to require the Mayor to establish a Community Service Debt Repayment Program to allow residents to perform community service in order to repay debts related to certain unpaid notices of infraction.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Traffic and Parking Ticket Penalty Amendment Act of 2018".

Sec. 2. The District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.01 et seq.), is amended as follows:

Amend § 50-2301.05

(a) Section 105(a)(2)(A) (D.C. Official Code § 50-2301.05(a)(2)(A)) is amended by striking the phrase "sections 205(d)(1) and 305(d)(1)" and inserting the phrase "section 205(d) or section 305(d)(1)" in its place.

(b) Section 204 (D.C. Official Code § 50-2302.04) is amended as follows:

Amend § 50-2302.04

(1) Subsection (c) is repealed.

Amend § 50-2302.04

(2) A new subsection (c-1) is added to read as follows:

"(c-1)(1) Except for notices of infraction that were detected by an automated traffic enforcement system pursuant to section 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01), a notice of infraction shall advise the person to whom it is issued that his failure to answer the notice of infraction within:

"(A) 30 calendar days after the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, shall by operation of law result in the imposition of a penalty equal to the amount of the civil fine; and

"(B) 60 calendar days after the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, the commission of the infraction shall be deemed admitted.

"(2) For notices of infraction that were detected by an automated traffic enforcement system pursuant to section 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01), the notice of infraction shall advise the person to whom it is issued that his failure to answer the notice of infraction within:

"(A) 60 calendar days after the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, shall by operation of law result in the imposition of a penalty equal to the amount of the civil fine; and

"(B) 120 calendar days after the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, the commission of the infraction shall be deemed admitted.".

(c) Section 205 (D.C. Official Code § 50-2302.05) is amended as follows:

Amend § 50-2302.05

(1) Subsection (d) is amended to read as follows:

"(d)(1) Except for notices of infraction that were detected by an automated traffic enforcement system pursuant to section 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01), if a person fails to answer a notice of infraction within 30 calendar days after the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, a penalty equal to the amount of the fine shall be added pursuant to section 105(a).

"(2) For notices of infraction that were detected by an automated traffic enforcement system pursuant to section 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01), if a person fails to answer a notice of infraction within 60 calendar days after the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, a penalty equal to the amount of the fine shall be added pursuant to section 105(a).".

Amend § 50-2302.05

(2) Subsection (e) is amended as follows:

(A) Strike the phrase "If a person" and insert the phrase "Except for notices of infraction that were detected by an automated traffic enforcement system pursuant to section 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01), if a person" in its place.

(B) Strike the phrase "assessed, and, except where the notice of infraction was issued in reliance upon an automated traffic enforcement device, the person's District of Columbia's operator's permit, or the person's privilege to drive within the District in the case of a person holding an out-of-state permit, shall be suspended until payment of the penalties, fines, and a reinstatement fee" and insert the word "assessed" in its place.

Amend § 50-2302.05

(3) A new subsection (e-1) is added to read as follows:

"(e-1) For notices of infraction that were detected by an automated traffic enforcement system pursuant to section 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01), if a person fails to answer the notice within 120 calendar days after the date the notice was issued, or within a greater period of time as prescribed by the Director by regulation, the commission of the infraction shall be deemed admitted and all points, penalties, and fines shall be assessed.".

Amend § 50-2302.05

(4) Subsection (f) is amended as follows:

(A) Strike the phrase "and suspension of driving privileges." and insert a period in its place.

(B) Strike the phrase "For holders" and insert the phrase "For a notice of infraction that was detected by an automated traffic enforcement system pursuant to section 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01), in addition to the notice required by the preceding sentence, if the notice of infraction remains unanswered, not more than 100 days after the date the notice is issued, the Director shall send by regular mail addressed to the person's address on the Department of Motor Vehicle's records notice of the outstanding notice of infraction and the effective date of the deemed admission. For holders" in its place.

Amend § 50-2302.05

(5) Subsection (g) is repealed.

Amend § 50-2302.05

(6) Subsection (j) is amended as follows:

(A) Strike the phrase "penalties, points, or suspension of a person's license or privilege to drive in the District" and insert the phrase "penalties, or points" in its place.

(B) Strike the phrase "and points assessed or the suspension of a person's license or privilege to drive may be vacated." and insert the phrase "and points assessed may be vacated." in its place.

Amend § 50-2302.06

(d) Section 206 (D.C. Official Code § 50-2302.06) is amended as follows:

(1) Subsection (b)(1) is amended as follows:

(A) Strike the phrase "if any, and suspend the person's license or privilege to drive in the District until the fines and penalties are paid, if" and insert the phrase "if any, if" in its place.

(B) Strike the phrase "judgment and suspension" and insert the word "judgment" in its place.

(2) Subsection (i) is amended to read as follows:

"(i) All civil fines and other monies collected pursuant to the provisions of this title shall be paid into the General Fund of the District of Columbia.".

(e) New sections 207 and 208 are added to read as follows:

New § 50-2302.07

"Sec. 207. Restriction on collecting fines after 10 years.

"If a civil fine or penalty resulting from a notice of infraction adjudicated pursuant to the provisions of this title remains unpaid 10 years after the notice is issued, the infraction shall be dismissed and any assessed civil fine or penalty shall be vacated and shall not be collected.

New § 50-2302.08

"Sec. 208. Reinstatement of suspended licenses.

"Within 30 days after the effective date of the Traffic and Parking Ticket Penalty Amendment Act of 2018, passed on 2nd reading on July 10, 2018 (Enrolled version of Bill 22-204), the Department shall reinstate a person's license, or privilege to drive within the District in the case of a person holding an out-of-state permit, if the person's license, or privilege to drive in the District, was suspended due to failure to pay any civil fines or penalties assessed pursuant to this title or failure to appear at a hearing under section 206(b).".

(f) Section 304(c) (D.C. Official Code § 50-2303.04(c)) is amended as follows:

Amend § 50-2303.04

(1) Strike the number "30" and insert the number "60" in its place.

Amend § 50-2303.04

(2) Strike the number "60" and insert the number "120" in its place.

(g) Section 305(d) (D.C. Official Code § 50-2303.05(d)) is amended as follows:

Amend § 50-2303.05

(1) Paragraph 1 is amended by striking the number "30" and inserting the number "60" in its place.

Amend § 50-2303.05

(2) Paragraph (2) is amended by striking the number "60" and inserting the number "120" in its place.

Amend § 50-2303.05

(3) A new paragraph (3) is added to read as follows:

"(3) In addition to the notice required by paragraph (2) of this subsection, if a notice of infraction remains unanswered, not more than 100 days after the notice is issued, the Director shall send by regular mail, addressed to the person's address on the Department of Motor Vehicle's records, notice of the outstanding notice of infraction and the effective date of the deemed admission.".

(h) A new section 309 is added to read as follows:

New § 50-2303.09

"Sec. 309. Restriction on collecting fines after 10 years.

"If a civil fine or penalty resulting from a notice of infraction adjudicated pursuant to the provisions of this title remains unpaid 10 years after the date the notice is issued, the infraction shall be dismissed and any assessed civil fine or penalty shall be vacated and shall not be collected.".

(i) A new Title III-B is added to read as follows:

"TITLE III-B. COMMUNITY SERVICE DEBT REPAYMENT PROGRAM

New subchapter III-B of Chapter 23 of Title 50

New § 50-2303.21

"Sec. 321. Community Service Debt Repayment Program.

"(a) For the purposes of this section, the term:

"(1) "Gross income" shall have the same meaning as provided in section 505(3) of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-205.05(3)).

"(2) "Low-income resident" means a District resident with a gross income at or below 250% of the federal poverty level.

"(3) "Program" means the Community Service Debt Repayment Program established pursuant to subsection (b) of this section.

"(b) The Mayor shall establish a Community Service Debt Repayment Program to reduce the amount of civil fines or penalties owed by low-income residents resulting from the issuance of:

"(1) Those notices of infraction that would be processed and adjudicated pursuant to the provisions of Title II that were detected by an automated traffic enforcement system pursuant to section 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01); or

"(2) Notices of infraction that would be processed and adjudicated pursuant to the provisions of Title III.

"(c)(1) Under the Program, a low-income resident may, pursuant to rules issued by the Mayor, for each hour of community service performed, reduce the amount he or she owes by an amount equivalent to the minimum hourly wage described in section 4(a)(5) of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003(a)(5)).

"(2) The Mayor shall not impose on a low-income resident who participates in the Program any enrollment fee nor any other additional fees associated with participation in the Program.

"(3) A low-income resident may choose to reduce any portion of the amount he or she owes through participation in the Program, and participation in the Program shall not be predicated on a commitment by a low-income resident to reduce any specified amount owed.

"(d) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this section.".

Sec. 3. Applicability.

(a) The following sections shall apply upon the date of inclusion of their fiscal effect in an approved budget or financial plan:

Note § 50-2301.05

(1) Section 2(a);

Note § 50-2302.04

(2) Section 2(b)(2);

Note § 50-2302.05

(3) Section 2(c)(1), (2)(A), (3), and (4)(B);

Repeal § 50-2302.07

Amend § 50-2302.07

(4) The amendatory section 207 within section 2(e);

Note § 50-2303.04

(5) Section 2(f);

Note § 50-2303.05

(6) Section 2(g);

Note § 50-2303.09

(7) Section 2(h); and

Note subchapter III-B of Chapter 23 of Title 50

(8) Section 2(i).

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this section.

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.