SLS 20RS-415 ORIGINAL 2020 Regular Session SENATE BILL NO. 329 BY SENATOR BARROW FEES/LICENSES/PERMITS. Provides for an amnesty day for persons to pay reduced fees to OMV for insurance violations. (8/1/20) 1 AN ACT 2 To enact R.S. 32:861.3, relative to motor vehicles; to require the office of motor vehicles to 3 establish an amnesty day for persons to pay reduced fees for insurance violations; to 4 provide for terms and conditions applicable to the amnesty day; and to provide for 5 related matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 32:861.3 is hereby enacted to read as follows: 8 ยง861.3. Amnesty day; office of motor vehicles; insurance violations 9 A. The office of motor vehicles shall develop and implement an amnesty 10 day for persons to pay reduced fees for insurance violations. The office shall 11 publicize the amnesty day to maximize the public's awareness of and 12 participation in the day. 13 B. The amnesty day shall be held on one day each month between 14 September 1 and December 31, 2020. 15 C. The amnesty day shall apply to persons with unpaid fees for insurance 16 violations due to the Department of Public Safety and Corrections, office of 17 motor vehicles, including debt for insurance violations transferred to the Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 329 SLS 20RS-415 ORIGINAL 1 Department of Revenue, office of debt recovery, or the attorney general for 2 collection on August 1, 2020. 3 D. Persons with unpaid fees in the amount of one thousand dollars or 4 more are eligible to participate in the amnesty day. Amnesty payments shall be 5 paid in full on the amnesty day. 6 (1)(a) The amnesty payment for violations of R.S. 32:863(A)(1) that 7 occurred on or before June 30, 2014, shall not exceed fifty dollars per violation 8 and at no time shall the total amnesty payment for multiple violations, including 9 administrative and collection fees, exceed five hundred dollars, when the person 10 pays the amnesty payment in full on the amnesty day and provides proof of 11 insurance on any vehicle registered in the person's name on the amnesty day. 12 (b) The amnesty payment for violations of R.S. 32:863(A)(1) that 13 occurred on or after July 1, 2014, shall not exceed one hundred dollars per 14 violation and at no time shall the total amnesty payment for multiple violations, 15 including administrative and collection fees, exceed eight hundred fifty dollars, 16 when the person pays the amnesty payment in full on the amnesty day and 17 provides proof of insurance on any vehicle registered in the person's name on 18 the amnesty day. 19 (c) The amnesty payment for violations of R.S. 32:863(A)(2) that 20 occurred on or before June 30, 2014, shall not exceed fifty dollars per violation 21 and at no time shall the total amnesty payment for multiple violations, including 22 administrative and collection fees, exceed five hundred dollars, when the person 23 pays the amnesty payment in full on the amnesty day and provides proof of 24 insurance on any vehicle registered in the person's name on the date of the 25 amnesty payment. 26 (d) The amnesty payment for violations of R.S. 32:863(A)(2) that 27 occurred on or after July 1, 2014, shall not exceed one hundred dollars per 28 violation and at no time shall the total amnesty payment for fees, including 29 administrative and collection fees, exceed one thousand seven hundred fifty Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 329 SLS 20RS-415 ORIGINAL 1 dollars, when the person pays the amnesty payment in full on the amnesty day 2 and provides proof of insurance on any vehicle registered in the person's name 3 on the date of the amnesty payment. 4 (2)(a) No amnesty payment for a person sixty-five years or older for 5 violations that occurred on or before June 30, 2014, including administrative 6 and collection fees, shall exceed two hundred dollars. 7 (b) No amnesty payment for a person sixty-five years or older for 8 violations that occurred on or after July 1, 2014, including administrative and 9 collection fees, shall exceed two hundred fifty dollars. 10 (3)(a) No amnesty payment for a person for violations of R.S. 11 32:863(A)(1) that occurred on or before June 30, 2014, and on or after July 1, 12 2014, including administrative and collection fees, shall exceed one thousand 13 three hundred fifty dollars. 14 (b) No amnesty payment for a person who has violations of R.S. 15 32:863(A)(2) that occurred on or before June 30, 2014, and on or after July 1, 16 2014, including administrative and collection fees, shall exceed two thousand 17 two hundred dollars. 18 E. Upon receipt of the amnesty payment, the office of motor vehicles 19 shall clear the person's record at the office of motor vehicles and reinstate the 20 person's driver license and motor vehicle registration. 21 F. Notwithstanding any provision of law to the contrary, prior to July 1, 22 2020, the office of motor vehicles shall take no action to refer to the office of 23 debt recovery any debt which arises from a person's failure to pay a fee 24 pursuant to R.S. 32:863 when the debt was incurred prior to the effective date 25 of the Act which originated as Senate Bill No. of the 2020 Regular Session of 26 the Legislature. Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 329 SLS 20RS-415 ORIGINAL The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Sharon F. Lyles. DIGEST SB 329 Original 2020 Regular Session Barrow Proposed law requires the office of motor vehicles (OMV) to develop and implement an amnesty day on one day each month from September 1 to December 31, 2020, and to collect fees or amnesty payments for violations R.S. 32:863 (no insurance). Requires the office to publicize the debt amnesty program to maximize the public's awareness of and participation in the program. Proposed law provides that persons with unpaid fees for insurance violations with OMV incurred under R.S. 32:863 are eligible to participate in the debt amnesty program. Requires amnesty payments to be paid in full on the amnesty day and provides the following schedule of amnesty payments. (1)For violation or multiple violations of R.S. 32:863(A)(1) before July 1, 2014, the per violation amnesty payment will be $50 and the total amnesty payment due shall not exceed $500. (2)For violation or multiple violations of R.S. 32:863(A)(1) on or after July 1, 2014, the per violation amnesty payment will be $100 and the total amnesty payment due shall not exceed $850. (3)For violation or multiple violations of R.S. 32:863(A)(2) before July 1, 2014, the per violation amnesty payment will be $50 and the total amnesty payment due shall not exceed $500. (4)For violation or multiple violations of R.S. 32:863(A)(2) on or after July 1, 2014, the per violation amnesty payment will be $100 and the total amnesty payment due shall not exceed $1,750. (5)No amnesty payment for a person 65 years or older for multiple violations of R.S. 32:863(A)(1) and (2) before July 1, 2014, including administrative fees, shall exceed $200. (6)No amnesty payment for a person 65 years or older for multiple violations of R.S. 32:863(A)(1) and (2) on or after July 1, 2014, including administrative fees, shall exceed $250. Proposed law requires the OMV to clear the debtor's record and reinstate his driver's license and motor vehicle registration upon receipt of the amnesty payment. Effective August 1, 2020. (Adds R.S. 32:861.3) Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.