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House approves sanctions bill for substantial noncompliance with visitation orders after floor amendments
Summary
After floor amendments to narrow mandatory fee awards and to restrict who may act as 'court' under the law, the Utah House passed substitute Senate Bill 29, a pilot program establishing sanctions for substantial noncompliance with child visitation orders; the measure now returns to the Senate for consideration of House changes.
The Utah House on March 3 approved substitute Senate Bill 29, a measure that sets up a pilot program in the First Judicial District to impose sanctions for “substantial noncompliance” with child visitation orders. The bill passed on final passage after the chamber adopted two notable floor changes.
Representative Wadlets, sponsor of the bill, told colleagues the measure was the work of a child custody task force that included parents, judges and attorneys and that it was intended to target only “substantial noncompliance, not just for any little thing.” He said the bill is prioritized and funded in the appropriation process and urged a favorable vote.
The House first adopted an amendment from Representative Cannon that replaced a mandatory attorney-fee award with discretionary language. Cannon argued mandatory language could allow judges to award fees “in the absence of substantial proof” and risk a due-process problem; he said replacing “shall” with “may” would preserve judicial discretion. The amendment passed on a recorded voice vote.
Another amendment, offered by Representative Valentine, deleted language treating a “court commissioner” as equivalent to a judge for purposes of the bill. Valentine cited a Court of Appeals decision and warned the provision risked an unconstitutional delegation of judicial authority; the House suspended rules to consider the change and adopted the amendment.
Following adoption of the amendments, the House voted to pass the substitute bill. The chamber recorded 56 yes votes and 11 no votes; the measure will be returned to the Senate for consideration of the House amendments.
Supporters said the bill preserves judicial oversight while providing tools to enforce visitation orders; critics raised concerns about scope and potential constitutional questions addressed by the floor amendments. The House also briefly ‘circled’ the bill (set it aside) earlier in the evening amid late-session scheduling before resuming and completing consideration.
The next steps are routine: the Senate will receive the House amendments and may concur, request a conference committee, or further amend the measure.
