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69th Legislature 2025 HB0352.3
- 1 - Authorized Print Version – HB 352
1 HOUSE BILL NO. 352
2 INTRODUCED BY C. SCHOMER, D. LENZ
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO THE MONTANA
5 CHILD SUPPORT GUIDELINES; REQUIRING CERTAIN EXPERTISE FOR STAFF; ESTABLISHING THE
6 GUIDELINES REVIEW OVERSIGHT COMMITTEE AND ASSOCIATED DUTIES OF THE COMMITTEE;
7 ESTABLISHING REPORTING REQUIREMENTS; REQUIRING THE DEPARTMENT OF PUBLIC HEALTH
8 AND HUMAN SERVICES TO CONTRACT WITH A PRIVATE SOFTWARE VENDOR ; AND AMENDING
9 SECTION 40-5-209, MCA.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 Section 40-5-209, MCA, is amended to read:
14 "40-5-209. -- GUIDELINES REVIEW COMMITTEE --
15-- REPORTING REQUIREMENT. (1) The department shall adopt uniform child support
16 guidelines to be used to determine minimum child support amounts. In addition to giving notice and publicizing
17 the rules as provided in the Montana Administrative Procedure Act, the department shall give notice to the
18 supreme court, the district courts, and the state bar of Montana prior to adopting the guidelines.
19 (2) The guidelines must consider the factors set forth in 40-4-204(2) and 40-6-116(5).
20 (3) At least once every 4 years, the department shall:
21 (a) review the uniform child support guidelines employed to determine child support obligations to
22 ensure that their application results in the determination of appropriate child support award amounts; and
23 (B) CERTIFIED PUBLIC ACCOUNTANT AS NEEDED; AND
24 (b) (C) propose any appropriate modification to the legislature.
25
26 (4) There is a child support guidelines project manager within the department. The child support
27 guidelines project manager and at least one other staff person within the child support services division must
28 have or obtain expertise in tax preparation and analysis. - 2025
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2 (5) There is a guidelines review oversight committee within the department ..
3
4 (a) The committee shall include but is not limited to the child support guidelines project manager
5 and the following members appointed by the division administrator :
6
7 (i) one member of a federally recognized Indian tribe located within the boundaries of the state
8 who has expertise in child support matters ;
9
10 (ii) three noncustodial parents, each of whom may be a representative of an advocacy group, an
11 attorney, or an individual, with at least one representing the interests of low-income, noncustodial parents;
12
13 (iii) three custodial parents, each of whom may be a representative of an advocacy group, an
14 attorney, or an individual, with at least one representing the interests of low-income, custodial parents; and
15
16 (iv) one current or retired administrative law judge with expertise in child support matters ..
17
18 (b) The committee shall include one member of the children, families, health, and human services
19 interim committee provided for in 5-5-225 jointly selected by the president of the senate and the speaker of the
20 house ..
21
22 (c) The public members of the council shall serve without compensation but may be reimbursed as
23 provided in 2-18-501 through 2-18-503, subject to available funding ..
24
25 (6) The committee shall meet at least quarterly and all meetings must be open to the public and
26 provide opportunity for comment.
27
28 (7) The committee shall : - 2025
69th Legislature 2025 HB0352.3
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2 (a) research, develop recommendations, and suggest proposed rule changes to the department
3 regarding the M ontana child support guidelines;
4
5 (b) make recommendations to the department to carry out the requirements of subsection (3);
6
7 (c) review and approve any policy changes and internal administrative guidelines proposed by the
8 department related to the M ontana child support guidelines ; and
9
10 (d) establish a process for verifying the accuracy of the state's child support calculator by
11 comparing the calculator to that of a private vendor operating in the state pursuant to subsection (9). The
12 process must include consultation, WHICH MUST INCLUDE A CONSULTATION with a certified public accountant
13 experienced in the income tax implications of child support calculations.
14
15 (8) The committee shall report to the children, families, health, and human services interim
16 committee provided for in 5-5-225 in accordance with 5-11-210 on all matters described in this section and
17 additionally as the guidelines review oversight committee sees fit
18 (4) (A) THERE IS A GUIDELINES REVIEW COMMITTEE WITHIN THE DEPARTMENT.
19 (B) T:
20 (I);
21 (II), DEVELOP, AND RECOMMEND PROPOSED POLICY CHANGES TO THE DEPARTMENT
22MONTANA CHILD SUPPORT GUIDELINES.
23 (5) (A) THE DEPARTMENT SHALL APPOINT MEMBERS TO THE COMMITTEE AND PROVIDE FOR ITS
24.
25 (B) T:
26 (I);
27
28 (II). - 2025
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1 (6) THE PUBLIC MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION BUT MAY BE
22-18-5012-18-503, SUBJECT TO AVAILABLE FUNDING.
3 (9) For the purposes of fulfilling the requirements of subsection (7)(d), the department shall
4 contract with a private vendor of a child support software program designed to assist members of the public in
5 calculating child support expenses according to the Montana child support guidelines."
6
7 NEW SECTION. Section 2. The secretary of state shall send a
8 copy of [this act] to each federally recognized tribal government in Montana.
9 - END -