BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 646|
          |Office of Senate Floor Analyses   |                              |
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                                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  








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          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  








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            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.) 










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          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  








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            (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.









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           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


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