H.B. 355

1

CHILD SUPPORT GUIDELINES
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Fred J. Fife
5 This act modifies the duties of the child support guidelines advisory committee by requiring
6 that it use Utah specific data in its determinations.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 78-45-7.13, as last amended by Chapter 233, Laws of Utah 1997
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 78-45-7.13 is amended to read:
12 78-45-7.13. Advisory committee -- Membership and functions.
13 (1) On or before March 1, 1995, the governor shall appoint an advisory committee
14 consisting of:
15 (a) one representative recommended by the Office of Recovery Services;
16 (b) one representative recommended by the Judicial Council;
17 (c) two representatives recommended by the Utah State Bar Association;
18 (d) two representatives of noncustodial parents, one male and one female, appointed by
19 the governor;
20 (e) two representatives of custodial parents, one male and one female, appointed by the
21 governor; and
22 (f) an uneven number of additional persons, not to exceed three, who represent diverse
23 interests related to child support issues, as the governor may consider appropriate. However, none
24 of the individuals appointed under this Subsection (1) may be members of the Utah State Bar
25 Association.
26 (2) (a) Except as required by Subsection (2)(b), as terms of current committee members
27 expire, the governor shall appoint each new member or reappointed member to a four-year term.

28 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
29 of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
30 members are staggered so that approximately half of the committee is appointed every two years.
31 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
32 appointed for the unexpired term.
33 (4) (a) The advisory committee shall review the child support guidelines using Utah
34 specific data to ensure their application results in the determination of appropriate child support
35 award amounts.
36 (b) The committee shall report to the Legislative Judiciary Interim Committee on or before
37 October 1 in 1989 and 1991, and then on or before October 1 of every fourth year subsequently.
38 (c) The committee's report shall include recommendations of the majority of the
39 committee, as well as specific recommendations of individual members of the committee.
40 (5) (a) (i) Members who are not government employees shall receive no compensation or
41 benefits for their services, but may receive per diem and expenses incurred in the performance of
42 the member's official duties at the rates established by the Division of Finance under Sections
43 63A-3-106 and 63A-3-107 .
44 (ii) Members may decline to receive per diem and expenses for their service.
45 (b) (i) State government officer and employee members who do not receive salary, per
46 diem, or expenses from their agency for their service may receive per diem and expenses incurred
47 in the performance of their official duties from the committee at the rates established by the
48 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
49 (ii) State government officer and employee members may decline to receive per diem and
50 expenses for their service.
51 (6) Staff for the committee shall be provided from the existing budgets of the Department
52 of Human Services.
53 (7) The committee ceases to exist no later than the date the subsequent committee under
54 this section is appointed.

Legislative Review Note
as of 2-7-02 10:03 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel