2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags › Part 11 - Violations and Enforcement › Section 1102 - Issuance of license, permit, or tag prohibited for failure to pay child support.

Effective 7/1/2023
23A-4-1102.
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 26B-9-301.
(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 26B-9-214.
(c) "Office" means the Office of Recovery Services created in Section 26B-9-103.
(d) "Wildlife license agent" means a person authorized under Section 23A-4-501 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.
(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 23A-4-1101.
(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 23A-5-309.
(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) except as provided in Subsection (3)(d), 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 26B-9-219 towards the child support arrears.
(c) Except as provided in Subsection (3)(d), 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).
(d) If an individual fails to comply with the payment schedule described in Subsection (3)(b) for one month of the 12-month period because of a transition to new employment, the individual may obtain a license, permit, or tag and is considered in compliance with this Subsection (3) if the individual:
(i) provides the office with information regarding the individual's new employer within 30 days from the day on which the missed payment was due;
(ii) pays the missed payment within 30 days from the day on which the missed payment was due; and
(iii) complies with the payment schedule for all other payments owed for child support within the 12-month period.
(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 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 23A-4-1106;
(b) Subsection 23A-5-311(1); and
(c) Section 23A-2-505.
(8) This section does not modify a court action to withhold, suspend, or revoke a recreational license under Sections 26B-9-108 and 78B-6-315.
Renumbered and Amended by Chapter 103, 2023 General Session
Amended by Chapter 327, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.