BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 646| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 646 Author: Jackson (D) Amended: 8/31/15 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 SENATE FLOOR: 40-0, 6/1/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk ASSEMBLY FLOOR: 80-0, 9/2/15 - See last page for vote SUBJECT: Uniform Interstate Family Support Act 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 as SB 646 Page 2 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. Assembly Amendments were technical and clarifying. ANALYSIS: 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 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 SB 646 Page 3 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: 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 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.) SB 646 Page 4 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 on the International Recovery of Child Support and Other Forms of Maintenance. 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 in California as required by federal law. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes 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: Unknown, potentially significant increase in DCSS administrative costs (General Fund (GF)/Federal Fund) associated with payment redirect requests from interstate cases. Unknown, potentially significant one-time automation costs SB 646 Page 5 (GF/Federal Fund) for necessary automation changes to the Child Support Enforcement (CSE) system to process international child support orders. Unknown, likely minor state-reimbursable costs (GF) to local child support agencies for increased administrative workload. 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. 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: (Verified9/2/15) Department of Child Support Services (source) OPPOSITION: (Verified9/2/15) None received According to the Department of Child Support Services, 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. SB 646 Page 6 ASSEMBLY FLOOR: 80-0, 9/02/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins Prepared by:Nichole Rapier / JUD. / (916) 651-4113 9/2/15 15:42:29 **** END ****