SENATE BILL REPORT
HB 1218
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As of March 15, 2013
Title: An act relating to department of fish and wildlife license suspensions.
Brief Description: Concerning department of fish and wildlife license suspensions.
Sponsors: Representatives Takko, Klippert, Blake, Orcutt, Kirby, Buys, Lytton, Goodman, Kretz, Van De Wege, Nealey, Hudgins, Wilcox, Stanford, Short, Warnick, Haigh and Ryu; by request of Department of Fish and Wildlife.
Brief History: Passed House: 3/06/13, 97-0.
Committee Activity: Natural Resources & Parks: 3/14/13.
SENATE COMMITTEE ON NATURAL RESOURCES & PARKS |
Staff: Curt Gavigan (786-7437)
Background: A person's hunting or fishing privileges may be suspended under certain circumstances. Typically, the court may require the Department of Fish and Wildlife (DFW) to suspend a person's license for engaging in a criminal violation of the Fish and Wildlife Enforcement Code. The suspension generally lasts for a specified period of years.
The Department of Child Support (DCS) also has the ability to ask DFW to suspend a person's hunting and fishing privileges as the result of the nonpayment of child support. Federal law requires states to have procedures allowing them to suspend or restrict the use of state-issued licenses, including drivers' licenses, occupational licenses, and recreational and sporting licenses of individuals owing past-due child support. Failure to have these procedures will result in penalties to the state's Temporary Assistance to Needy Families Block Grant. Once a parent's license is suspended, DCS must promptly provide the parent with a release if the parent later comes into compliance.
A person commits the crime of violating a suspension of DFW privileges if the person engages in hunting or fishing while their license is suspended. The person is guilty of violating a suspension in the second degree for any violation of this provision. A person is guilty of violating a suspension in the first degree if the person commits the violation and:
the person's privileges have been permanently suspended;
the person takes or possesses more than $250 worth of fish or wildlife; or
the violation involves the hunting or taking of fish or wildlife classified as endangered, threatened, or big game.
Conviction of violating a suspension in the first or second degree will result in a permanent revocation of the person's privileges to hunt, fish, trap, or take wildlife, food fish, game fish, or shellfish.
Summary of Bill: If a person engages in any activity licensed by DFW while the person's privileges are suspended due to the nonpayment of child support, it will result in a two-year suspension of privileges if violating a suspension in the second degree; and a four-year suspension of privileges if violating a suspension in the first degree.
Completion of the two or four-year suspensions above do not impact any underlying suspensions resulting from the nonpayment of child support.
Appropriation: None.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: This bill will provide further incentives for people to repay child support obligations.
Persons Testifying: PRO: Dean Takko, Michael Cenci, DFW Police.