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SB-618 Child support: enforcement.(2023-2024)

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Date Published: 03/22/2023 02:53 PM
SB618:v98#DOCUMENT

Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 618

Introduced by Senator Rubio

February 15, 2023

An act to amend Section 1720 of the Labor Code, relating to public works. An act to amend Section 17500 of the Family Code, relating to child support.


LEGISLATIVE COUNSEL'S DIGEST


SB 618, as amended, Rubio. Public works: definition. Child support: enforcement.
Existing law requires, as a condition of eligibility for benefits under certain public assistance programs, including the CalWORKs and Medi-Cal programs, that applicants or recipients assign to the county any rights they may have to child support, as specified. Existing law delegates to the Department of Child Support Services and local child support agencies the responsibility for collecting and enforcing child support obligations, including child support delinquencies, as defined.
This bill would prohibit the department or a local child support agency from collecting interest that has accrued on child support owed or assigned to the state or the county. The bill would also prohibit child support owed or assigned to the state or the county from accruing interest.

Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law defines the term “public works” for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Existing law also includes as a “public work” work done for irrigation, utility, reclamation, and improvement districts, and other districts of this type, except as specified. Existing law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor.

This bill would make a technical, nonsubstantive change to that definition.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares that interest rates owed to the State of California for delinquent child support have an inequitable impact on low-income, noncustodial parents that discourages regular child support payments for disproportionately low-income families. Interest rates for delinquent child support have been waived in the States of Connecticut, Delaware, Hawaii, Idaho, Illinois, Kansas, Louisiana, Maryland, Mississippi, Montana, New Hampshire, New Jersey, North Carolina, Pennsylvania, South Carolina, South Dakota, and Utah. California should join the bipartisan coalition of states that waives all interest rates for delinquent child support to enhance racial equity in this state.

SEC. 2.

 Section 17500 of the Family Code is amended to read:

17500.
 (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.
(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, “child support delinquency” means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).
(2) For purposes of this subdivision, “child support delinquency” means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of the support delinquency exceeds one hundred dollars ($100).
(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after the receipt of the case by the local child support agency.
(e) Notwithstanding any other law, the department or the local child support agency shall not collect interest that has accrued on child support owed or assigned to the state or the county pursuant to Section 11477 of the Welfare and Institutions Code.
(f) Notwithstanding any other law, child support owed or assigned to the state or the county, pursuant to Section 11477 of the Welfare and Institutions Code, shall not accrue interest.