BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 646


                                                                    Page  1





          SENATE THIRD READING


          SB  
          646 (Jackson)


          As Amended  August 31, 2015


          Majority vote


          SENATE VOTE:  40-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Judiciary       |10-0 |Mark Stone, Wagner,   |                    |
          |                |     |Alejo, Chau, Chiu,    |                    |
          |                |     |Gallagher, Cristina   |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Maienschein,          |                    |
          |                |     |O'Donnell             |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Nazarian, Eggman,     |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Quirk, Rendon, |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |








                                                                     SB 646


                                                                    Page  2





          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Updates the Uniform Interstate Family Support Act  
          (UIFSA).  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: 


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








                                                                     SB 646


                                                                    Page  3







             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.


             d)   Clarifies effect of declarations of state reciprocity,  
               as well as the roles of DCSS and the Attorney General with  
               respect to those declarations.


          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.  


          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.  










                                                                     SB 646


                                                                    Page  4





          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, 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 (General Fund (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 (GF) 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.


          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:  UIFSA is a comprehensive model act focused on  








                                                                     SB 646


                                                                    Page  5





          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  
          Family Code 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.  


          Analysis Prepared by:                                             
                          Leora Gershenzon / JUD. / (916) 319-2334  FN:  
          0001624









                                                                     SB 646


                                                                    Page  6