March 2019,  OneVoice CSDA Newsletter

Legislative Update

By Greg Wilson, Executive Director, Child Support Directors Association

Several California Legislators have introduced bills of interest to the child support program. The 2019 individual legislator deadline to introduce bills was February 22 and so any new bills beyond those listed here will have to be introduced by a committee or result from a gut-and-amend of an existing bill. CSDA’s Legislative Advocacy Committee is tracking these bills and will be developing positions statements.

Senate bills in order of bill number:

  • SB73 (Michell)

This is the Senate version of the 2019-2020 states budget bill, which includes an additional $56.5 million for local child support administration

  • SB337 (Skinner)

This bill seeks to require all child support collected in a month be paid to the recipient of CalWORKS aid and would prohibit $200 of the payment from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible. This bill would also, to the extent permitted under federal law, exclude from the definition of “child support delinquency” an arrearage or otherwise past due amount that the local child support agency or department determines was established in error or has determined to be uncollectible.

Assembly bills in order of bill number:

  • AB190 (Ting)

This is the Assembly version of the 2019-2020 states budget bill, which includes an additional $56.5 million for local child support administration

  • AB227 (Jones-Sawyer)

Adds an additional restitution fine in addition to the existing restitution to the victim of a crime if they have the ability to pay it. Funds confiscated at the time of the defendant’s arrest, except for exempt funds, which includes spousal or child support, can be used for the restitution.  This bill may put child support collection efforts in a priority place after the regular and additional restitution fines are paid.

  • AB593 (Carrillo)

Adds city and county departments or agencies that administer public workforce development programs access to unemployment insurance benefit information to evaluate, research, or forecast the effectiveness of their programs when directly connected with those programs.  This may be important to us as we develop our partnership with the various workforce development

  • AB785 (Bloom)

Makes technical, nonsubstantive changes to FC § 7558.

  • AB991 (Gallagher)

A “maintenance of codes” bill, this makes several minor changes to a variety of code sections including FC § 17705, which is the Association’s Phase II language from last year’s local funding budget effort. The bill makes a very minor change to the word “level” to make it plural.

  • AB1091 (Jones-Sawyer)

This bill removes the sunset provision of Family Code § 4007.5, introduces a new reporting requirement for recommendations on improvements to data sharing agreements related to the section, and introduces a post-release grace period during which the order would stay suspended until “the person [commences] employment or the first month the person is in receipt of unearned income, whichever is first.”

  • AB1092 (Jones-Sawyer)

Adds FC § 17500(e) “If child support is assigned to the county, the department or local child support agency shall not charge interest on the principal amount owed at a rate higher than the rate required by federal law.” This bill also amends FC § 4004 changing the language “intends to apply” to “currently applying” in reference to the requirement that parties disclose public assistance.

  • AB1498 (Wilk)

This bill would require DCSS to create an internet website by January 1, 2021, to publicly publish information regarding persons who are delinquent in the payment of court-ordered child support. The information would include the obligor’s name, photograph, and the amount of child support owed and follow certain conditions.