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Latest post 05-13-2009 8:36 AM by baitboy77. 3 replies.
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  • 01-01-2001 12:00 AM

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    • Joined on 11-19-2008

    2009 Senate Bill 5166 (Modifying the child support license suspension program)

    Introduced in the Senate on January 15, 2009

    The vote was 49 in favor, 0 opposed and 0 not voting

    (Senate Roll Call 0 at Senate Journal 0)

    Click here to view bill details.
  • 03-31-2009 5:01 AM In reply to

    Re: 2009 Senate Bill 5166 (Modifying the child support license suspension program)

    Back in the early 1990's, when I first heard that so called "dead beat" dads were going to have their license's suspended for non payment of child support, I reacted as I'm sure a lot of people do.  I thought, "serves them right for neglecting their children".  The suspension law, like many "new" laws, appeared on the surface to be a good idea.  But, upon further review I became adamantly against any form of license suspention that is not directly brought about by a driving offense related to "driving" (such as moving violations or driving under the influence).  Without getting into the (what should be obvious) constitutional illegalities of such legislation, license suspension for non driving offenses is nothing short of legalized blackmail (for lack of a better word).  The suspension law does not differentiate between those whom have the ability to pay but don't, and those who simply do not have the means to pay.  This law has adversely affected thousands of childrens lives, as well as their parents, many who would pay if they could.  License suspension for non driving related offenses is counter productive and should be abolished.  With all the (Constitutional) tool's available to Federal, State and local government's with which child support could be collected, there is absolutely no good reason to suspend one's mean's of survival (in order to receive payment).  Innocent lives are being ruined and innocent people are being turned into criminals by this legislation.  Non payment of support orders is serious buisness, but you must find a way to collect that does not hurt the very Families these license suspension laws were enacted to help.

  • 04-01-2009 10:32 AM In reply to

    Re: 2009 Senate Bill 5166 (Modifying the child support license suspension program)

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  • 05-13-2009 8:36 AM In reply to

    Re: 2009 Senate Bill 5166 (Modifying the child support license suspension program)

     It is my opinion that it doesnt really matter how the Senate votes because in my situation WDFW has taken my fishing guides licences in most of the 50 states for life because they claim I was late on a child support payment. Even though a Superior Court Judge ordered it to be returned it had no effect, they took it any way. I have complained to every Senator and State representative and filed a complaint with every State and Federal Agency and the outcome is always the same. They cant help! So what ever the Senate may decide, it will have little afect on what actually happens. Below is an e-mail I recently recieved from WDFW. Please take a moment and read over it and when your finished Im sure you will agree.

    Subject: WDFW response - Penalty for violation of RCW 77.32.014
    Date: Wed, 5 Nov 2008 15:31:57 -0800
    From: Thomas.Davis@dfw.wa.gov
    To: nichole_edwards@live.com
    CC: gattman.nova@leg.wa.gov

    Sen. Haugen's office asked me to respond to you directly with an answer to the following email you recently sent her:
     
    Can you tell me the penalty if you were cited while hunting or fishing in violation of "RCW 77.32.014 Licenses, tags, and stamps — Revocation/privileges suspended for noncompliance with support order"? Please be as specific as possible including any options to remedy the violation and would this be considered a criminal offense?
     

    I believe I could restate your question in the following way:  “What is the penalty for being cited while hunting or fishing in violation of RCW 77.32.014?” 

     

    This section of law states, in part:

     

    “Licenses, tags, and stamps issued pursuant to this chapter shall be revoked and the privileges suspended for any period in which a person is certified by the department of social and health services or a court of competent jurisdiction as a person in noncompliance with a support order.”

     

    The penalty for hunting or fishing while a person’s license has been suspended under RCW 77.32.014 is found in RCW 77.15.670:

     

    (1) A person is guilty of violating a suspension of department privileges in the second degree if the person engages in any activity that is licensed by the department and the person’s privileges to engage in that activity were revoked or suspended by any court or the department.

     

    (3)(a) Violating a suspension of department privileges in the second degree is a gross misdemeanor.  Upon conviction, the department shall order permanent suspension of the person’s privileges to engage in such hunting or fishing activities.

     

    In short, hunting or fishing while your license is suspended under RCW 77.32.014 is a gross misdemeanor and results, upon conviction, in an automatic permanent suspension of a person’s right to purchase a license for that recreational activity.  In addition, this is a criminal offense, punishable by a fine of up to $5,000 and up to one year in jail. 

     

    Even if the Department of Social and Health Services (DSHS) later releases the person from suspension under RCW 77.32.014, WDFW’s permanent suspension of the person under RCW 77.15.670 still remains in effect because the person violated the DSHS suspension while it was active.

     

    The only remedy for a DSHS suspension under RCW 77.32.014 is to obtain a “certificate of compliance” from DSHS pursuant to RCW 74.20A.320(9).  Once the person has the certificate of compliance, he or she must present it to WDFW to have the suspension for unpaid child support lifted.  If the person also was suspended by WDFW under RCW 77.15.670 for hunting or fishing while suspended for unpaid child support, the person can request an appeal hearing from WDFW.  But if WDFW can show that the person was in suspended status by DSHS at the time he or she was cited or charged with RCW 77.15.670, then WDFW’s permanent suspension of the person stands.
     
    Please also note that his information will be sent to the other legislators offices who have also forwarded to me your email. 
     
    I hope this helps to answer your question.
     
    Tom Davis
    Legislative Liaison
    Washington Department of Fish & Wildlife
    Office - (360) 902-2226
    Cell - (360) 789-9652
     
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