BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   June 30, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          SB  
          646 (Jackson) - As Amended June 24, 2015


                                  PROPOSED CONSENT

          SENATE VOTE:  40-0


          SUBJECT:  UNIFORM INTERSTATE FAMILY SUPPORT ACT


          KEY ISSUE:  IN ORDER TO COMPLY WITH A FEDERAL MANDATE, THE  
          FAILURE OF WHICH COULD LEAD TO A LOSS OF $680 million annually  
          in FEDERAL child support FUNDS, SHOULD CALIFORNIA ADOPT REQUIRED  
          CHANGES TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT?


                                      SYNOPSIS

          The Uniform Interstate Family Support Act (UIFSA) is a  
          comprehensive model act focused on intergovernmental  
          establishment, modification and enforcement of child support  
          obligations.  All states were required to enact UIFSA in 1998 as  
          a condition of receiving federal funds for child support  
          enforcement.  As a result, UIFSA is currently the law in all 50  
          states, including California.  The federal Preventing Sex  
          Trafficking and Strengthening Families Act, codified in 2014,  
          now requires that all states adopt the updated UIFSA 2008,  
          verbatim, by the end of their 2015 legislative session as a  








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          condition of continued federal funding of the child support  
          program.  (Pub. Law 113-183.)  California receives approximately  
          $680 million annually in federal child support funds and risks  
          losing all of that should the updated UIFSA not be adopted by  
          the end of this year.  As a result, this non-controversial bill,  
          sponsored by the Department of Child Support Services (DCSS),  
          repeals California's current version of UIFSA, and adopts the  
          2008 version.  This updated version of UIFSA, among other  
          things, simplifies the process for enforcing orders in foreign  
          countries that are signatories to the 2007 Hague Convention on  
          the International Recovery of Child Support and Other Forms of  
          Family Maintenance (Hague Convention).  There is no reported  
          opposition to this bill.


          SUMMARY:  Updates the Uniform Interstate Family Support Act.   
          Specifically, this bill, among other things:  


          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 on the International  
            Recovery of Child Support and Other Forms of Family  
            Maintenance.  Specifically, this bill: 









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             a)   Prescribes the role and responsibilities of central  
               authorities in Hague Convention countries, which in the  
               United States is the Secretary of the U.S. Department of  
               Health & Human Services; and recognizes DCSS as the agency  
               in California designated to perform specified child support  
               functions under the Hague Convention;

             b)   Expands the ability to challenge a Hague Convention  
               support order upon registration in California; and

             c)   Provides that a California court shall not recognize and  
               enforce a registered Hague Convention order if, among other  
               things, recognition and enforcement is manifestly  
               incompatible with public policy, including failure by an  
               issuing court to observe minimum due process standards,  
               which include notice and an opportunity to be heard.   
               Requires California to establish a new support order if the  
               registration of a Hague Convention support order is denied,  
               without further request from the other country.

          EXISTING LAW: 


          1)Mandates, under the federal Preventing Sex Trafficking and  
            Strengthening Families Act, that each state adopt UIFSA 2008,  
            verbatim, by the end of the state's 2015 legislative session  
            as a condition of continued federal child support program  
            funding.  (Pub. Law 113-183.)


          2)Establishes, through 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.  (Family  
            Law Section 4900 et seq.  Unless stated otherwise, all further  
            statutory references are to that code.)










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          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.


          COMMENTS:  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 the 1996 version of UIFSA in 1998 as a  
          condition of receiving federal funds for child support  
          enforcement.  As a result, UIFSA, at least as amended in 1996,  
          is currently state law in all 50 states and jurisdictions.   
          California operates under the 1996 UIFSA, which is set out in  
          Sections 4900-5005. 


          However, as states have operated under the 1996 version of  
          UIFSA, it became apparent that some sections needed  
          clarification.  UIFSA 2001 and 2008 addressed these issues by  
          making a number of technical and clarifying changes.  In  
          addition, UIFSA 2008 allows states to redirect support payments  
          to a new state when all parties have left the state that  
          originally issued a support order; requires courts to permit  
          out-of-state parties to appear telephonically in proceedings to  
          establish, modify, or enforce a support order; allows states to  
          provide child support services to residents of other countries  
          pursuant to the Hague Convention.


          In September of 2014, Congress passed, and the President signed  
          into law, the Preventing Sex Trafficking and Strengthening  
          Families Act.  That Act requires that all states adopt the 2008  
          updated version of UIFSA, verbatim, by the end of their 2015  
          legislative session as a condition of continued child support  
          program funding.  Accordingly, this bill would repeal  
          California's existing version of UIFSA, and replace it verbatim  
          with the 2008 version as required by federal law.  In support of  
          the bill, the author writes: 









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               Currently, California is operating under UIFSA 1996.  All  
               states and U.S. Territories must enact UIFSA 2008 by  
               January 1, 2016 in order to comply with the federal  
               mandate.  If UIFSA 2008 is not enacted, this will affect  
               California's federal funding and will prevent the United  
               States from ratifying the 2007 Hague Convention. 


          Adds the Department of Child Support Services, the bill's  
          sponsor:


               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. 


          Bill Makes Clarifying and Technical Changes to UIFSA in  
          California.  Prior to the enactment of UIFSA, courts struggled  
          to enforce support orders over state lines, and it was unclear  
          which state had jurisdiction of a support order.  Obligors could  
          sometimes avoid paying support simply by moving across state  
          lines.  To combat these difficulties, UIFSA created a "one  
          order" system and a jurisdictional framework for parties and  
          states dealing with interstate support orders.  The federal  
          government mandated that the 1996 version be adopted nationwide.  
           UIFSA was then updated in 2001 to provide clarification as  
          issues arose once states were operating under the 1996 version.   
          In 2002, California conditionally adopted UIFSA 2001 through  
          passage of AB 2934 (Wayne), Chap. 349, Stats. 2002.  Operation  
          was conditioned on either the federal government mandating  
          adoption of UIFSA 2001, or California requesting a federal  








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          waiver to operate under that version.  Neither condition has  
          been met and thus California continues to operate under UIFSA  
          1996.  The 2008 updates that this bill incorporates include  
          those 2001 changes that the California Legislature has already  
          approved as well.  


           This bill additionally provides for the redirection of support  
          payments when all parties have left the state that issued the  
          original order.  This should streamline payment processing and  
          ensure that child support payments are forwarded to families  
          more quickly.  Finally, this bill clarifies that a nonresident  
          petitioner or respondent can fully participate in a proceeding  
          without being required to physically be present through the use  
          of telephonic, audiovisual or any other electronic means.  This  
          will allow parties to make modifications to a support order when  
          they have relocated to another state without being subject to  
          the time and expense of travel. 


          Most Changes in the Updated Version of UIFSA are Part of the  
          Updates to the Hague Convention to Help Collect Child Support in  
          International Cases.  The United States is a signatory and  
          participated in negotiating the multilateral treaty produced at  
          the 2007 Hague Convention on the International Recovery of Child  
          Support and Other Forms of Maintenance.  This bill provides a  
          framework for the exchange of cases between the United States  
          and other parties to the Hague Convention.  The Hague Convention  
          entered into force in January of 2013 following ratification by  
          Albania and Norway, and the European Union became a party in  
          2014.  Chapter Seven of the updated UIFSA in this bill (Sections  
          5700.701 to 5700.713) applies to support proceedings under the  
          Convention once the treaty is ratified by the United States.  In  
          order to ratify the treaty, all states must first adopt UIFSA  
          2008.  


           Similar to how enactment of UIFSA 1996 enabled the collection of  
          child support across state lines, the adoption of Chapter Seven  








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          creates a mechanism for the collection and distribution of child  
          support in situations where one or both parties live outside the  
          United States in a Hague Convention country, and gives state  
          courts the authority to enforce foreign support orders for  
          foreign nationals living in the United States.  However, the  
          revised UIFSA 2008 provides that California is not required to  
          recognize or enforce an order from another country that is  
          "manifestly incompatible with public policy," including an order  
          that fails to meet minimum due process standards, which include  
          notice and an opportunity to be heard.  This helps ensure that  
          our courts will not be enforcing orders that violate this  
          State's public policy, while still requiring that most support  
          orders be enforced in California and that California support  
          orders be recognized and enforced by Hague Convention countries  
          around the world.


          Prior Legislation:  AB 2934 (Wayne), Chap. 349, Stats. 2002,  
          made substantive and procedural amendments to UIFSA, which were  
          to become effective only if Congress mandated that states adopt  
          UIFSA as revised in 2001 or California received a waiver to  
          operate under UIFSA 2001.


          SB 568 (Sher), Chap. 194, Stats. 1997, enacted UIFSA 2006 in  
          California. 


          REGISTERED SUPPORT / OPPOSITION:




          Support




          Department of Child Support Services (sponsor)








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          Opposition


          None on file




          Analysis Prepared by:Leora Gershenzon / JUD. / (916)  
          319-2334