2
3
4
5
6 Cosponsors:
7 Patrice M. Arent
8 Joel K. Briscoe
9 Bruce R. Cutler
10 Susan Duckworth
11 Rebecca P. Edwards
Lynn N. Hemingway
Sandra Hollins
Brian S. King
Carol Spackman Moss
Dixon M. Pitcher
Marie H. Poulson
Tim Quinn
Angela Romero
V. Lowry Snow
Elizabeth Weight
Mark A. Wheatley
12
13 LONG TITLE
14 General Description:
15 This bill amends provisions related to joint obligations.
16 Highlighted Provisions:
17 This bill:
18 ▸ defines terms;
19 ▸ under certain circumstances, requires a provider to separately bill the parents of a
20 minor child for the portion of the minor child's expenses for which each parent is
21 responsible under court order;
22 ▸ under certain circumstances, prohibits a provider from making a negative credit
23 report against a parent who has paid in full the portion of a minor child's school fees
24 for which the parent is responsible under court order;
25 ▸ addresses the effect of a waiver for one parent on the other parent's obligation to pay
26 the other parent's portion of the minor child's school fees; and
27 ▸ makes technical and conforming changes.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 This bill provides a special effective date.
32 Utah Code Sections Affected:
33 AMENDS:
34 15-4-1, as last amended by Laws of Utah 1991, Chapter 257
35 15-4-6.7, as last amended by Laws of Utah 2008, Chapter 3
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 15-4-1 is amended to read:
39 15-4-1. Definitions.
40 [
41 (1) "Obligation" includes a liability in tort and contractual obligations;
42 (2) "Obligee" includes a creditor and a person having a right based on a tort;
43 (3) "Obligor" includes a debtor and a person liable for a tort;
44 (4) (a) "School fee" means a charge, deposit, rent, or other mandatory payment
45 imposed by:
46 (i) a public school as defined in Section 26-39-102; or
47 (ii) a private school that provides education to students in any grade from kindergarten
48 through grade 12.
49 (b) "School fee" includes:
50 (i) an admission fee;
51 (ii) a transportation charge; or
52 (iii) a charge, deposit, rent, or other mandatory payment imposed by a third party in
53 connection with an activity or function sponsored by a school described in Subsection (4)(a).
54 [
55 (6) "Waiver" means the act of not requiring an individual to pay an amount that the
56 individual otherwise owes.
57 Section 2. Section 15-4-6.7 is amended to read:
58 15-4-6.7. Medical and miscellaneous expenses of minor children -- Collection and
59 billing pursuant to court or administrative order of child support.
60 (1) When a court enters an order [
61 payment of medical and dental expenses of a minor child [
62 30-4-3, or [
63
64 order:
65 (a) at or before the time the provider renders medical or dental services to the minor
66 child shall, upon request from either parent, separately bill each parent for the share of the
67 medical and dental expenses that the parent is required to pay under the order; or
68 (b) within 30 days after the day on which the provider renders the medical or dental
69 service, may not:
70 (i) [
71 who has paid in full [
72 that the parent is required to pay under the order[
73 [
74
75
76
77 (ii) [
78 debtor's repayment practices or credit history under Title 7, Chapter 14, Credit Information
79 Exchange, regarding a parent who has paid in full [
80 expenses that the parent is required [
81 (2) (a) When a court enters an order that provides for the payment of school fees of a
82 minor child under Section 30-3-5 or 30-4-3:
83 (i) a provider who receives a copy of the order before the day on which the provider
84 first issues a bill for a school fee shall, upon request from either parent, separately bill each
85 parent for the share of the school fee that the parent is required to pay under the order;
86 (ii) a provider who receives a copy of the order, regardless of whether the provider
87 receives the copy before, on, or after the day on which the provider first issues a bill for the
88 school fee may not make a negative credit report under Section 70C-7-107, or report of the
89 debtor's repayment practices or credit history under Title 7, Chapter 14, Credit Information
90 Exchange, regarding a parent who has paid in full the share of the school fee that the parent is
91 required to pay under the order; and
92 (iii) each parent is liable only for the share of the school fee that the parent is required
93 to pay under the order.
94 (b) A provider may bill a parent for the parent's share of a minor child's school fee
95 under an order described in Subsection (2)(a) regardless of whether the provider grants the
96 other parent a waiver for all or a portion of the other parent's share of the minor child's school
97 fee.
98 Section 3. Effective date.
99 This bill takes effect on July 1, 2018.