The Legislative website will undergo scheduled maintenance on April 4th from 6-7 P.M. During this period, you may experience temporary disruptions. We apologize for any inconvenience and appreciate your understanding.

S.B. 126 Collection Process Amendments

Bill Sponsor:

Sen. Weiler, Todd
Floor Sponsor:

Rep. King, Brian S.
  • Drafting Attorney: Robert H. Rees
  • Fiscal Analyst: Sean C. Faherty
  • Information
    • Last Action: 20 Mar 2017, Governor Signed
    • Last Location: Lieutenant Governor's office for filing
    • Effective Date: 9 May 2017
    • Session Law Chapter: 152

S.B. 126

1     
COLLECTION PROCESS AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Brian S. King

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to collection processes.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies a provision prohibiting execution, attachment, or garnishment to issue
13     against a governmental entity; and
14          ▸     provides an exception for a judgment creditor's garnishment of a state income tax
15     refund owing to the judgment debtor.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63G-7-603, as renumbered and amended by Laws of Utah 2008, Chapter 382
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 63G-7-603 is amended to read:
26          63G-7-603. Exemplary or punitive damages prohibited -- Governmental entity
27     not subject to execution, attachment, or garnishment -- Exception.
28          (1) (a) A judgment may not be rendered against a governmental entity for exemplary or
29     punitive damages.
30          (b) If a governmental entity would be required to pay the judgment under Section
31     63G-7-902 or 63G-7-903, the governmental entity shall pay any judgment or portion of any
32     judgment entered against its employee in the employee's personal capacity even if the judgment
33     is for or includes exemplary or punitive damages.
34          (2) [Execution] (a) Except as provided in Subsection (2)(b), execution, attachment, or
35     garnishment may not issue against a governmental entity.
36          (b) A judgment creditor may garnish a state income tax refund owing to the judgment
37     debtor.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
1/26/2017 Bill Numbered but not DistributedLegislative Research and General Counsel
1/26/2017 Numbered Bill Publicly DistributedLegislative Research and General Counsel
1/27/2017 Senate/ received bill from Legislative ResearchWaiting for Introduction in the Senate
1/27/2017 Senate/ 1st reading (Introduced)Senate Rules Committee
1/30/2017 Senate/ to standing committeeSenate Judiciary, Law Enforcement, and Criminal Justice Committee
1/30/2017 Senate Comm - Favorable RecommendationSenate Judiciary, Law Enforcement, and Criminal Justice Committee3 0 4
1/31/2017 Senate/ received fiscal note from Fiscal AnalystSenate Judiciary, Law Enforcement, and Criminal Justice Committee
1/31/2017 (11:14:34 AM)Senate/ committee report favorableSenate Judiciary, Law Enforcement, and Criminal Justice Committee
1/31/2017 (11:14:35 AM)Senate/ placed on 2nd Reading CalendarSenate 2nd Reading Calendar
2/4/2017 LFA/ fiscal note sent to sponsorSenate 2nd Reading Calendar
2/4/2017 Senate/ to Printing with fiscal noteSenate 2nd Reading Calendar
2/15/2017 (3:07:23 PM)Senate/ 2nd readingSenate 2nd Reading Calendar
2/15/2017 (3:09:41 PM)Senate/ substituted from # 0 to # 1Senate 2nd Reading CalendarVoice vote
2/15/2017 (3:11:00 PM)Senate/ passed 2nd readingSenate 3rd Reading Calendar24 0 5
2/17/2017 (11:22:20 AM)Senate/ 3rd readingSenate 3rd Reading Calendar
2/17/2017 (11:24:29 AM)Senate/ passed 3rd readingClerk of the House27 0 2
2/17/2017 (11:24:30 AM)Senate/ to HouseClerk of the House
2/17/2017 House/ received from SenateClerk of the House
2/17/2017 House/ 1st reading (Introduced)House Rules Committee
2/17/2017 House/ to standing committeeHouse Business and Labor Committee
2/23/2017 House Comm - Amendment Recommendation # 2House Business and Labor Committee12 0 2
2/23/2017 House Comm - Favorable RecommendationHouse Business and Labor Committee12 0 2
2/23/2017 House Comm - Consent Calendar RecommendationHouse Business and Labor Committee12 0 2
2/23/2017 (2:16:32 PM)House/ comm rpt/ amended/ placed on Consent CalHouse Business and Labor Committee
2/23/2017 (2:16:33 PM)House/ 2nd readingHouse Consent Calendar
2/27/2017 (10:33:05 AM)House/ 3rd readingHouse Consent Calendar
2/27/2017 (10:35:52 AM)House/ passed 3rd readingSenate Secretary73 0 2
2/27/2017 (10:35:54 AM)House/ to SenateSenate Secretary
2/27/2017 (2:11:07 PM)Senate/ received from HouseSenate Secretary
2/27/2017 (2:11:08 PM)Senate/ placed on Concurrence CalendarSenate Concurrence Calendar
2/28/2017 (10:19:02 AM)Senate/ concurs with House amendmentHouse Speaker28 0 1
2/28/2017 (10:19:03 AM)Senate/ to HouseHouse Speaker
2/28/2017 House/ received from SenateHouse Speaker
2/28/2017 House/ signed by Speaker/ returned to SenateSenate President
2/28/2017 House/ to SenateSenate President
2/28/2017 Senate/ received from HouseSenate President
2/28/2017 Senate/ signed by President/ sent for enrollingLegislative Research and General Counsel / Enrolling
2/28/2017 Bill Received from Senate for EnrollingLegislative Research and General Counsel / Enrolling
2/28/2017 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/16/2017 Enrolled Bill Returned to House or SenateSenate Secretary
3/16/2017 Senate/ enrolled bill to PrintingSenate Secretary
3/16/2017 Senate/ received enrolled bill from PrintingSenate Secretary
3/16/2017 Senate/ to GovernorExecutive Branch - Governor
3/20/2017 Governor SignedLieutenant Governor's office for filing