Bill Text: MS SB2539 | 2024 | Regular Session | Introduced

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Bill Title: Mississippi Domestic Law Task Force; reconstitute.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-05 - Died In Committee [SB2539 Detail]

Download: Mississippi-2024-SB2539-Introduced.html

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MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary, Division A

By: Senator(s) Wiggins

Senate Bill 2539

AN ACT TO AMEND SECTION 1, CHAPTER 455, LAWS OF 2021 TO RECONSTITUTE THE "MISSISSIPPI DOMESTIC LAW TASK FORCE" TO FURTHER STUDY DOMESTIC LAW IN MISSISSIPPI; TO REVISE THE AREAS OF DOMESTIC LAW THAT THE TASK FORCE IS REQUIRED TO STUDY; TO REQUIRE THE TASK FORCE TO DEVELOP A RECOMMENDATION TO THE LEGISLATURE AND THE MISSISSIPPI SUPREME COURT RELATIVE TO REVISING MISSISSIPPI'S DOMESTIC RELATIONS LAWS TO REFLECT CURRENT JURISPRUDENCE AND TO PROPOSE LEGISLATION AND RULE CHANGES BASED UPON ITS RECOMMENDATION; TO PRESCRIBE THE MEMBERSHIP OF THE TASK FORCE AND PROVIDE FOR ITS ORGANIZATION; TO PROVIDE FOR A REPORT BY THE TASK FORCE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 1, Chapter 455, Laws of 2021, is amended as follows:

     Section 1.  (1)  There is hereby reconstituted and established the "Mississippi Domestic Law Task Force * * * to Study Mississippi's Laws Regarding the Awarding and Calculating of Child Support, Alimony and Other Related Matters in Domestic Law" to further study domestic law in Mississippi and develop a recommendation to the Legislature and the Mississippi Supreme Court relative to revising Mississippi's domestic relations laws to reflect current jurisprudence * * * in these areas and to propose legislation and rule changes based upon its recommendation.

     (2)  The members of the Task Force shall be as follows:

          (a)  The Chairmen of the Judiciary A Committees of the Mississippi Senate and the Mississippi House of Representatives or their designees;

          (b)  One (1) designee of the Mississippi Supreme Court to be named by the Chief Justice of the Supreme Court;

          (c)  One (1) designee of the Mississippi Court of Appeals to be named by the Chief Judge of the Court of Appeals;

          (d)  Two (2) sitting Chancellors to be named by the Chief Justice of the Supreme Court;

          (e)  Two (2) practicing attorneys in the State of Mississippi with expertise in the area of domestic relations, one (1) from each of the federal judicial districts to be named by the Mississippi Bar Association;

          (f)  One (1) practicing attorney who is a general practitioner with expertise in the area of domestic relations and who practices in a firm with five (5) or fewer licensed attorneys to be named by the Mississippi Bar Association;

          (g)  Two (2) practicing guardians ad litem to be named by the Mississippi Bar Association;

          (h)  One (1) practicing or retired attorney with expertise in disability law and domestic law to be named by the Mississippi Bar Association;

          (i)  One (1) designee of the Child Support Unit of the Mississippi Department of Human Services to be named by the executive director of the department;

          (j)  One (1) professor of law with expertise in domestic law to be named by the Dean of the University of Mississippi School of Law; and

          (k)  One (1) professor of law with expertise in domestic law to be named by the Dean of the Mississippi College School of Law.

     (3)  The membership appointments made pursuant to Senate Bill No. 2621, 2021 Regular Session, shall be effective for the reconstituted Task Force.  Any vacancies on the Task Force shall be filled in accordance with subsection (2) of this section.

     ( * * *34)  The Task Force shall meet within forty-five (45) days of the effective date of this act, upon the call of the Governor, and shall evaluate the current domestic laws and cases in Mississippi.  Specifically the Task Force shall:

          (a)  Review the models used by states to determine the base child support amount due, including the "Income Shares Model," the "Percentage of Income Model" and the "Melson Formula," which incorporate a self-support reserve for the obligor and take into consideration the health care expenses of the children;

          (b)  Review special provisions for child care expenses, formulas for shared custody, split custody and extraordinary visitation, and deductions for the support of previous and subsequent children;

          (c)  Review * * * the current trends of law regarding "No‑Fault Divorce" the feasibility of dividing a PERS account in a qualified domestic relations order within a judgment of divorce and make recommendation(s) based on said review;

          (d)  Review the current trends in the imposition and cost of fees for guardian ad litem and related issues on guardians and make recommendation(s) based on said review;

          (e)  Review * * * Senate Bill No. 2220, 2021 Regular Session, the current implementation of Mississippi Rule of Civil Procedure 81 and suggested reform of Rule-81 practice and make recommendation(s) based on said review; * * * and

          (f)  Review whether the tort of alienation of affection should be repealed and make recommendation(s) based on said review;

          (g)  Review whether Section 97-29-1 of the Mississippi Code of 1972, which is the provision that criminalizes adultery or fornication, should be repealed and make recommendation(s) based on said review; and

          ( * * *fh)  Review any other matters related to the above issues or related to domestic law.

     ( * * *45)  (a)  The Task Force may request the assistance of the University of Mississippi School of Law and the Mississippi College School of Law, the Mississippi Judicial College, the Mississippi Administrative Office of Courts and the proper section of the Mississippi Bar Association, or any other related organization with expertise in domestic relations.

          (b)  For the review and recommendations pursuant to subsection (3)(a) and (b) of this section, the Task Force may request the assistance of the Legislative Budget Office, the State Economist, and any other necessary stakeholders to produce a study on the economic impact of transitioning Mississippi to an income shares model of child support.  The costs of the study in this paragraph (b) shall be paid out of funds appropriated therefor.

          (c)  Travel expenses for the members of the Task Force shall be paid from funds appropriated therefor.

     ( * * *56)  The members of the Task Force shall elect a Chair from among the members.  The Task Force shall develop and report its findings and recommendations for proposed legislation to the Legislature and proposed rule changes to the Mississippi Supreme Court on or before December 1, * * * 2021 2026.  A quorum of the membership shall be required to approve any final report and recommendation.  Members of the Task Force shall be reimbursed for necessary travel expense in the same manner as public employees are reimbursed for official duties from any available funds and members of the Legislature shall be reimbursed in the same manner as for attending out-of-session committee meetings.

     ( * * *67)  The Mississippi Bar Association and the Mississippi Judicial College shall provide necessary clerical support for the meetings of the Task Force and the preparation of the report. * * *Proposed legislation shall be prepared by the Legislative Services Offices of the Senate and House as requested.

     ( * * *78)  Upon presentation of its report the Task Force shall be dissolved.

     SECTION 2.  Section 1 of this act shall be codified.

     SECTION 3.  This act shall take effect and be in force from and after its passage.