BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 646|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 646
Author: Jackson (D)
Introduced:2/27/15
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 4/7/15
AYES: Jackson, Vidak, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Uniform Interstate Family Support part
SOURCE: Department of Child Support Services
DIGEST: This bill revises and recasts the Uniform Interstate
Family Support Act (UIFSA) to provide guidelines for the
registration, recognition, enforcement, and modification of
foreign support orders from countries that are parties to the
Hague Convention on the International Recovery of Child Support
and Other Forms of Family Maintenance (2007 Hague Convention).
This bill identifies the Department of Child Support Services
(DCSS) as the agency designated by the United States central
authority, as defined, to perform specific functions under the
Convention. This bill makes other technical, clarifying, and
conforming changes.
ANALYSIS:
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Page 2
Existing law:
1)Mandates, through the Preventing Sex Trafficking and
Strengthening Families Act, the adoption of UIFSA 2008
verbatim by all states by the end of the state's 2015
legislative session as a condition of continued child support
program funding. (Pub. Law 113-183.)
2)Establishes, through the UIFSA, rules regarding the
establishment and enforcement of child support orders across
state lines, and provides that the issuing state shall
exercise continuing, exclusive jurisdiction over the order as
long as the obligor, obligee, or child remains a resident of
the state. (Fam. Code Sec. 4900 et seq.)
This bill:
1)Clarifies that a state loses continuing, exclusive
jurisdiction if the parties agree, in writing, for another
state to assume jurisdiction.
2)Requires tribunals to permit a party or a witness residing in
another state to participate in a proceeding telephonically,
by audiovisual means, or any other electronic means designated
by the tribunal.
3)Requires, upon the request of the appropriate agency, the
issuing state agency to redirect payments to the agency in the
obligee's state and issue an administrative notice of change
to the obligor's employer that reflects the redirected
payments.
4)Provides the framework for the exchange of cases between
parties to the 2007 Hague Convention. Specifically, this
bill:
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prescribes the role and responsibilities of Central
Authorities in Convention countries;
expands the ability to challenge a Convention support
order upon registration in this state; and
requires the state to seek to establish a new support
order if the registration of a Convention support order is
denied, without further request from the other country.
Background
The UIFSA is a comprehensive model act focused on
intergovernmental establishment, modification, and enforcement
of child support obligations. It was first developed by the
National Conference of Commissioners on Uniform State Laws in
1992, amended in 1996, 2001 and again in 2008. All states were
required to enact UIFSA in 1998 as a condition to receive
federal funds for family support enforcement. As a result,
UIFSA is currently state law in all 50 states and jurisdictions.
(See Fam. Code Secs. 4900-5005.)
However, as states operated under UIFSA 1996, the need for
clarification of some sections became apparent. UIFSA 2001 and
2008 addressed this need by making a number of technical and
clarifying changes. In addition, UIFSA 2008:
allowed states to redirect support payments to a new state
when all parties have left the state that originally issued a
support order;
required courts to permit out-of-state parties to appear
telephonically in proceedings to establish, modify, or enforce
a support order; and
allowed for the provision of child support services to
residents of other countries pursuant to the 2007 Hague
Convention.
In September of 2014, Congress passed, and the President signed
into law, the Preventing Sex Trafficking and Strengthening
Families Act (Pub. Law 113-183.) That Act requires the adoption
of the UIFSA 2008 verbatim by all states by the end of the
state's 2015 legislative session as a condition of continued
child support program funding. Accordingly, this bill repeals
the 1996 and 2001 versions of UIFSA, and adopts the 2008 version
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in California as required by federal law.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Potentially significant increase in DCSS administrative costs
in excess of $150,000 (General Fund/Federal Fund) annually.
Unknown, potentially significant one-time automation costs
(General Fund/Federal Fund) for necessary automation changes
to the Child Support Enforcement system to process
international child support orders.
Potentially significant increase in annual child support
collections to the extent adoption of UIFSA 2008 results in a
greater number of child support orders and/or increases in
child support collection amounts.
Potentially significant state-reimbursable costs (General
Fund) to local child support agencies for increased
administrative workload associated with the implementation of
UIFSA 2008.
Adoption of UIFSA 2008 would enable the State to retain
continued receipt of approximately $680 million (Federal Fund)
annually in federal child support payments.
SUPPORT: (Verified5/29/15)
Department of Child Support Services (source)
OPPOSITION: (Verified5/29/15)
None received
ARGUMENTS IN SUPPORT: According to the Department of Child
Support Services, sponsor:
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SB 646 will help ensure that a child gets the financial
support they need regardless of where they reside. The bill
synchronizes the provisions of UIFSA with the 2007 Hague
Convention, enabling international child support cases to
move forward upon ratification. Finally, the bill would
protect California from hundreds of millions of dollars in
penalties and ensure that California law does not pose any
impediments to the ability of the United States to ratify
the treaty of the Convention.
Prepared by:Nichole Rapier / JUD. / (916) 651-4113
5/30/15 11:15:43
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