Chief Sponsor: Michael K. McKell

Senate Sponsor: Todd Weiler


8     Committee Note:
9          The Judiciary Interim Committee recommended this bill.
10     General Description:
11          This bill amends provisions related to child support guidelines.
12     Highlighted Provisions:
13          This bill:
14          ▸     makes the Child Support Guidelines Advisory Committee an ongoing advisory
15     committee;
16          ▸     addresses procedures of the advisory committee; and
17          ▸     makes technical and conforming amendments.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          78B-12-401, as last amended by Laws of Utah 2017, Chapter 161
25          78B-12-402, as last amended by Laws of Utah 2015, Chapter 359

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 78B-12-401 is amended to read:
29          78B-12-401. Advisory committee created.
30          (1) (a) [On or before May 1, 2018, and then on or before May 1 of every fourth year
31     subsequently, the] There is created the advisory committee known as the "Child Support
32     Guidelines Advisory Committee."
33          (b) As used in this part, "advisory committee" means the Child Support Guidelines
34     Advisory Committee.
35          (c) The governor shall appoint [a child support guidelines advisory committee
36     consisting of] the 11 members of the advisory committee as follows:
37          (i) one representative recommended by the Office of Recovery Services;
38          (ii) one representative recommended by the Judicial Council;
39          (iii) two representatives recommended by the Utah State Bar Association;
40          (iv) two representatives of noncustodial parents;
41          (v) two representatives of custodial parents;
42          (vi) one representative with expertise in economics; and
43          (vii) [subject to Subsection (1)(b),] two representatives from diverse interests related to
44     child support issues and who are not members of the Utah State Bar Association, as the
45     governor may consider appropriate.
46          [(b) None of the individuals appointed under Subsection (1)(a)(vii) may be members of
47     the Utah State Bar Association.]
48          [(2) The term of the committee members expires one month after the report of the
49     committee is submitted to the Legislature under Section 78B-12-402.]
50          (2) (a) The term of a member of the advisory committee is four years.
51          [(3)] (b) When a vacancy occurs in the membership for any reason, the [replacement
52     shall be appointed] governor shall appoint a replacement for the unexpired term of the member.
53          [(4) The committee ceases to exist no later than November 1, 2017, and then on or
54     before November 1 of every fourth year subsequently.]
55          (c) The governor may appoint a member of the advisory committee to more than one
56     term.
57          (3) Six members of the advisory committee constitute a quorum. The vote of a majority
58     of a quorum present is an action of the advisory committee.

59          (4) The advisory committee shall elect two members to serve as cochairs of the
60     advisory committee for a term of one year.
61          (5) The advisory committee shall meet at the time and place designated by the cochairs.
62          Section 2. Section 78B-12-402 is amended to read:
63          78B-12-402. Duties -- Report -- Staff.
64          (1) The advisory committee shall review the child support guidelines to ensure [their]
65     the application of the guidelines results in the determination of appropriate child support award
66     amounts.
67          (2) The advisory committee shall submit, in accordance with Section 63-3-14, a written
68     report to the [Legislative] legislative Judiciary Interim Committee on or before October 1,
69     [2017] 2021, and then on or before October 1 of every fourth year subsequently.
70          (3) The advisory committee's report shall include recommendations of the majority of
71     the advisory committee, as well as specific recommendations of individual members of the
72     advisory committee.
73          (4) Staff for the advisory committee shall be provided from the existing budget of the
74     Department of Human Services.

Legislative Review Note
Office of Legislative Research and General Counsel