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 Reported by Senate Committee On:

Natural Resources & Parks, March 21, 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, 3/21/13 [DP].

SENATE COMMITTEE ON NATURAL RESOURCES & PARKS

Majority Report: Do pass.

Signed by Senators Pearson, Chair; Smith, Vice Chair; Rolfes, Ranking Member; Kline and Parlette.

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:

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.