AMENDMENT(S) REJECTED BY THE SENATE

SEN. HOUCK (WITHDRAWN)

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2. That an emergency exists and this act is in force from its passage.

SEN. STOLLE (WITHDRAWN)

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3. That any person aggrieved by the imposition of civil remedial fees imposed under the provisions of §46.2-206.1 from July 1, 2007, through the effective date of this Act, may file an action in the court that imposed such fees for relief from the imposition of those fees that have not yet been paid. The court may grant such relief only upon a finding that such fees were imposed under the provisions of subsection C4 of §46.2-206.1.

4. That, notwithstanding the third enactment under this Act, the court shall not grant relief upon a finding that the underlying violation requiring the imposition of civil remedial fees under the provisions of subsection C4 of §46.2-206.1 endangered the life, limb or property of another.

5. That any fees collected under the provisions of §46.2-206.1, on and after the effective date of this Act, shall be deposited into the Literary Fund.

SEN. STOLLE (WITHDRAWN)

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3. That any person aggrieved by the imposition of civil remedial fees imposed under the provisions of § 46.2-206.1 of the Code of Virginia may file a petition with the General District Court of the jurisdiction in which he resides or where he was adjudicated in order to have the order vacated with respect to such fees. The General District Court shall provide a preprinted form for purposes of filing the petition, and no filing fee shall be charged for such petition. Upon vacation of the underlying order, no civil remedial fees shall be owed.

4. That the Comptroller shall, upon proof of payment of any civil remedial fee owed under § 46.2-206.1 of the Code of Virginia, draw a warrant for payment by the State Treasurer for a refund to such person. Such refund shall be for the full amount paid for the civil remedial fee. Such refund shall be paid regardless of whether the underlying order is vacated pursuant to the third enactment clause of this act. All agencies of the Commonwealth, upon request of the Comptroller, shall provide him with all requested information reasonably necessary for the payment of such refunds.

5. That the Department of Motor Vehicles shall issue notice to all persons subject to the civil remedial fees pursuant to § 46.2-206.1 of the Code of Virginia of the right to petition for a vacation of the order imposing the civil remedial fees through the General District Court and of the right to a refund, as set forth in this act.

6. That no person shall have his driver’s license or his privilege to drive a motor vehicle in Virginia suspended solely for failure to pay a civil remedial fee imposed under the provisions of § 46.2-206.1 of the Code of Virginia.

7. That all funds collected under the provisions of § 46.2-206.1 of the Code of Virginia that are not otherwise refunded as set forth in this act shall be deposited into the Literary Fund.

SEN. STOLLE (WITHDRAWN)

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3. That any person aggrieved by the imposition of civil remedial fees imposed under the provisions of § 46.2-206.1 of the Code of Virginia may file a petition with the General District Court of the jurisdiction in which he resides or where he was adjudicated in order to have the order vacated with respect to such fees. The General District Court shall provide a preprinted form for purposes of filing the petition, and no filing fee shall be charged for such petition. Upon vacation of the underlying order, no civil remedial fees shall be owed.

4. That the Department of Motor Vehicles shall issue notice to all persons subject to the civil remedial fees pursuant to § 46.2-206.1 of the Code of Virginia of the right to petition for a vacation of the order imposing the civil remedial fees through the General District Court as set forth in this act.

5. That no person shall have his driver’s license or his privilege to drive a motor vehicle in Virginia suspended solely for failure to pay a civil remedial fee imposed under the provisions of § 46.2-206.1 of the Code of Virginia.

6. That all funds collected under the provisions of § 46.2-206.1 of the Code of Virginia shall be deposited into the Literary Fund.

SEN. STOLLE (WITHDRAWN)

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3. That any person aggrieved by the imposition of civil remedial fees imposed under the provisions of § 46.2-206.1 of the Code of Virginia may file a petition with the circuit court of the jurisdiction in which such fees were imposed in order to have the order vacated with respect to such fees. The circuit court shall provide a preprinted form for purposes of filing the petition, and no filing fee shall be charged for such petition. Upon vacation of the underlying order, no civil remedial fees shall be owed.

4. That the Comptroller shall, upon proof of payment of any civil remedial fee owed under § 46.2-206.1 of the Code of Virginia, and upon proof of a vacation of the order imposing the civil remedial fees from circuit court pursuant to the third enactment clause of this act, draw a warrant for payment by the State Treasurer for a refund to such person. Such refund shall be for the full amount paid for the civil remedial fee. All agencies of the Commonwealth, upon request of the Comptroller, shall provide him with all requested information reasonably necessary for the payment of such refunds.

5. That the Department of Motor Vehicles shall issue notice to all persons subject to the civil remedial fees pursuant to § 46.2-206.1 of the Code of Virginia of the right to petition for a vacation of the order imposing the civil remedial fees through the circuit court and of the right to a refund, as set forth in this act.

6. That no person shall have his driver’s license or his privilege to drive a motor vehicle in Virginia suspended solely for failure to pay a civil remedial fee imposed under the provisions of § 46.2-206.1 of the Code of Virginia.

7. That all funds collected under the provisions of § 46.2-206.1 of the Code of Virginia that are not otherwise refunded as set forth in this act shall be deposited into the Literary Fund.