First Substitute H.B. 452

This document includes House Floor Amendments incorporated into the bill on Fri, Mar 2, 2012 at 5:21 PM by lerror. -->

Representative Stephen E. Sandstrom proposes the following substitute bill:

1 FAMILY EXPENSES AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen E. Sandstrom
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill allows for a creditor to collect from either a husband or wife or both for debts
10 incurred during the marriage.
11 Highlighted Provisions:
12 This bill:
13 . provides that a creditor may collect a debt from either spouse when the debt was
14 incurred during the marriage.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 REPEALS AND REENACTS:
21 30-2-9, as last amended by Laws of Utah 2011, Chapter 109
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 30-2-9 is repealed and reenacted to read:
25 30-2-9. Family expenses -- Joint and several liability.

26 (1) A husband and wife may be H. [ sued ] .H jointly or individually
26a H. responsible .H for expenses of the family H. members for reasonable and necessary
26b medical and dental expenses, and other necessities, including
27 [ and ] .H education of the H. minor .H children.
28 (2) In addition to the expenses H. [ of the family and education of the children ] described
28a in Subsection (1) .H , a creditor
29 shall be entitled to recover from the husband and wife, jointly and severally, the following
30 additional amounts if the amounts are provided for in a written contract signed by either the
31 husband or wife:
32 (a) a collection fee H. [ as provided in Section 12-1-11 ] .H ;
33 (b) interest at the rate specified in the contract;
34 (c) court costs;
35 (d) reasonable attorney fees; and
36 (e) any other amounts provided for in the contract.
37 (3) H. [ This section ] Unless the court determines that it would work an injustice,
37a Subsection (2) .H applies to all contracts H. under this section .H entered into by either
37b spouse any time the
38 parties H. [ lived ] are married and living .H together as husband and wife.