BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 646  


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          Date of Hearing:  July 8, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


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


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          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  








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          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.










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          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  








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            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