BILL NUMBER: SB 494	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Maldonado and Denham

                        FEBRUARY 26, 2009

   An act to add Section 17321 to the Family Code, relating to child
support services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 494, as introduced, Maldonado. Department of Child Support
Services: electronic communications.
   Existing law establishes the Department of Child Support Services
to administer all services and perform all functions necessary to
establish, collect, and distribute child support.
   This bill would require the department to provide any notice form,
information, or document, without limitation, that is required or
authorized to be given, distributed, or provided to an individual, a
customer, or a member of the public to be given, distributed, or
provided in a digitized form, and by any means the department
determines is feasible, including, but not limited to, e-mail or by
means of an Internet Web site, except as specified. This provision
would not take effect until the department makes a specified
determination.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds that the cost of operating the
state child support program has risen, resources are limited, and
government must find ways to provide services more efficiently.
Internet services, e-mail communication, and text messaging all
provide a means to improve timely communication, while reducing
expenses associated with printing and mailing. Electronic
communications further help reduce the need for recycling and the
need for waste management and are consistent with the goal of
reducing greenhouse gases.
  SEC. 2.  Section 17321 is added to the Family Code, to read:
   17321.  (a) Notwithstanding any other provision of law, any
notice, form, information, or document, without limitation, required
or allowed to be given, distributed, or provided, to an individual, a
customer, or a member of the public pursuant to this chapter, shall
be given, distributed or provided to that person in a digitized form
and transmitted to that person by any means the Department of Child
Support Services determines is feasible, including, but not limited
to, e-mail, including attachments to e-mail in any form widely used,
or by means of an Internet Web site that is accessible to the person,
except as otherwise provided in this section. If documents are
provided by access to an Internet Web site, the person may be allowed
to elect to receive notice of new documents by e-mail, text
messaging, or other means approved by the department. Whenever a
document or notice is given to a person in a digitized form, that
document or notice shall be in lieu of any paper or hardcopy notice
otherwise required to be provided.
   (b) This section shall not be construed to authorize service of
any legal document required by law to be served on a person by
personal service.
   (c) A person who is eligible for or is receiving services from the
Department of Child Support Services may elect to receive all papers
and documents via mail or nonelectronic methods if that person
affirms that he or she does not have regular access to e-mail or
equipment necessary to receive digitized notices and documents.
   (d) This section shall not take effect until the Department of
Child Support Services determines that the State Child Support
Enforcement System is capable of effectively complying with this
section. No provision of this section shall be deemed to mandate that
specific services be provided, or that specific requirements be met
if the department determines that compliance is not feasible. The
department may adopt regulations as appropriate for the
implementation of this section.