BILL ANALYSIS Ó SB 646 Page 1 Date of Hearing: July 8, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 646 (Jackson) - As Amended June 24, 2015 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|10 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill revises and recasts the Uniform Interstate Family Support Act (UIFSA) to conform, verbatim, to the federal UIFSA as required by federal law, and designates the Department of Child Support Services (DCSS) as the California agency SB 646 Page 2 responsible for enforcing child support payments for interstate, tribal, and international cases. FISCAL EFFECT: Requiring the state to enforce child support orders across state and national borders could result in increased workload for DCSS and local child support agencies. It is anticipated that the overall number of cases will increase should the bill be signed, but the extent of the increase is unknown. Likely fiscal impacts include: 1)Unknown, potentially significant increase in DCSS administrative costs (GF/Federal Fund) associated with payment redirect requests from interstate cases. 2)Unknown, potentially significant one-time automation costs (GF/Federal Fund) for necessary automation changes to the Child Support Enforcement (CSE) system to process international child support orders. 3)Unknown, likely minor state-reimbursable costs (General Fund) to local child support agencies for increased administrative workload. 4)Unknown, 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. SB 646 Page 3 5)Adoption of UIFSA 2008 would enable the State to retain continued receipt of approximately $680 million (Federal Fund) annually in federal child support payments. COMMENTS: 1)Purpose. The author states, "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." The bill is sponsored by the Department of Child Support Services. They indicate that "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." 2)Background. 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. UIFSA, at least as amended in 1996, is currently law in all 50 states. In September of 2014, Congress passed, and the President signed into law, the Preventing Sex Trafficking and SB 646 Page 4 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. 3)Prior Legislation. a) 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. b) SB 568 (Sher), Chap. 194, Stats. 1997, enacted UIFSA 2006 in California. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081