Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 197 First Substitute (2020GS)

Sponsor

Rep. Lisonbee, K.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• prohibits the issuance of a license, permit, or tag related to fishing or hunting if an individual is delinquent in child support;
• provides when a license, permit, or tag may be issued after delinquency;
• addresses responsibilities of the Division of Wildlife Resources and Office of Recovery Services;
• requires automation; and
• provides scope of the provision.

Every vote on this bill

Bill text

FISHING AND HUNTING RESTRICTIONS FOR
NONPAYMENT OF CHILD SUPPORT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill addresses a license, permit, or tag related to fishing and hunting.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits the issuance of a license, permit, or tag related to fishing or hunting if an
individual is delinquent in child support;
▸ provides when a license, permit, or tag may be issued after delinquency;
▸ addresses responsibilities of the Division of Wildlife Resources and Office of
Recovery Services;
▸ requires automation; and
▸ provides scope of the provision.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
23-19-5.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
23-19-5.5
 is enacted to read:
 23-19-5.5.
Issuance of license, permit, or tag prohibited for failure to pay child
support.
(1) As used in this section:
(a) "Child support" means the same as that term is defined in Section 
62A-11-401
.
(b) "Delinquent on a child support obligation" means that:
(i) an individual owes at least $2,500 on an arrearage obligation of child support based
on an administrative or judicial order;
(ii) the individual has not obtained a judicial order staying enforcement of the
individual's obligation on the amount in arrears; and
(iii) the office has obtained a statutory judgment lien pursuant to Section
62A-11-312.5
.
(c) "Office" means the Office of Recovery Services created in Section 
62A-11-102
.
(d) "Wildlife license agent" means a person authorized under Section 
23-19-15
 to sell a
license, permit, or tag in accordance with this chapter.
(2) (a) An individual who is delinquent on a child support obligation may not apply for,
obtain, or attempt to obtain a license, permit, or tag required under this title, by rule made by
the Wildlife Board under this title, or by an order or proclamation issued in accordance with a
rule made by the Wildlife Board under this title.
(b) (i) An individual who applies for, obtains, or attempts to obtain a license, permit, or
tag in violation of Subsection (2)(a) violates Section 
23-19-5
.
(ii) A license, permit, or tag obtained in violation of Subsection (2)(a) is invalid.
(iii) An individual who takes protected wildlife with an invalid license, permit, or tag
violates Section 
23-20-3
.
(3) (a) The license, permit, and tag restrictions in Subsection (2)(a) remain effective
until the office notifies the division that the individual who is delinquent on a child support
obligation has:
(i) paid the delinquency in full; or
(ii) complied for at least 12 consecutive months with a payment schedule entered into
with the office.
(b) A payment schedule under Subsection (3)(a) shall provide that the individual:
(i) pay the current child support obligation in full each month; and
(ii) pays an additional amount as assessed by the office pursuant to Section
62A-11-320
 towards the child support arrears.
(c) If an individual fails to comply with the payment schedule described in Subsection
(3)(b), the office may notify the division and the individual is considered to be an individual
who is delinquent on a child support obligation and cannot obtain a new license, permit, or tag
without complying with this Subsection (3).
(4) (a) The division or a wildlife license agent may not knowingly issue a license,
permit, or tag under this title to an individual identified by the office as delinquent on a child
support obligation until notified by the office that the individual has complied with Subsection
(3).
(b) The division is not required to hold or reserve a license, permit, or tag opportunity
withheld from an individual pursuant to Subsection (4)(a) for purposes of reissuance to that
individual upon compliance with Subsection (3).
(c) The division may immediately reissue to another qualified person a license, permit,
or tag opportunity withheld from an individual identified by the office as delinquent on a child
support obligation pursuant to Subsection (4)(a).
(5) The office and division shall automate the process for the division or a wildlife
license agent to be notified whether an individual is delinquent on a child support obligation or
has complied with Subsection (3).
(6) The office is responsible to provide any administrative or judicial review required
incident to the division issuing or denying a license, permit, or tag to an individual under
Subsection (4).
(7) The denial or withholding of a license, permit, or tag under this section is not a
suspension or revocation of license and permit privileges for purposes of:
(a) Section 
23-19-9
;
(b) Subsection 
23-20-4
(1); and
(c) Section 
23-25-6
.
(8) This section does not modify a court action to withhold, suspend, or revoke a
recreational license under Sections 
62A-11-107
 and 
78B-6-315
.
Section 2. 
Effective date.
This bill takes effect on July 1, 2021.