Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 131 (2018GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• modifies spendthrift exceptions;
• provides an exception for victim's restitution; and
• makes technical changes.

Every vote on this bill

Bill text

SPENDTHRIFT PROVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill modifies application of spendthrift provisions.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies spendthrift exceptions;
▸ provides an exception for victim's restitution; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
75-7-503
, as enacted by Laws of Utah 2004, Chapter 89
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
75-7-503
 is amended to read:
75-7-503.
Exceptions to spendthrift provision.
(1) [
In
] 
As used in
 this section[
, "child"
]
:
(a) "Child"
 includes any person for whom an order or judgment for child support has
been entered in this or another state.
(b) "Restitution" means the same as that term is defined in Section 
77-38a-102
.
(c) "Victim" means the same as that term is defined in Section 
77-38a-102
.
(2) Even if a trust contains a spendthrift provision, 
the following may obtain from a
court an order attaching present or future distributions to the beneficiary:
(a)
 a beneficiary's child who has a judgment or court order against the beneficiary for
support or maintenance[
, or
]
;
(b)
 a judgment creditor who has provided services for the protection of a beneficiary's
interest in the trust[
, may obtain from a court an order attaching present or future distributions
to or for the benefit of the beneficiary.
]
; or
(c) a victim who has a judgment requiring the beneficiary to pay restitution in
accordance with Title 77, Chapter 38a, Crime Victims Restitution Act, or similar provision in
another state.
(3) A spendthrift provision is unenforceable against a claim of this state or the United
States to the extent a statute of this state or federal law so provides.