H 3651 Session 112 (1997-1998)
H 3651 General Bill, By J.G. Felder, Cotty, Davenport, Harrison, Haskins and
W.J. Young
Similar(S 532)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
20-3-235, 20-7-853, AND 20-7-854; AND BY AMENDING SECTIONS 20-1-220, 20-1-350,
20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS AMENDED, 44-63-75,
44-63-80, AS AMENDED, 44-63-84, 44-63-86, AND 44-63-110, AS AMENDED, ALL
RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS,
MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES,
DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS
AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL
SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF
SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF
THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR
ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND SUBARTICLE 6,
ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO INCOME WITHHOLDING FOR CHILD
SUPPORT BY ADDING PART III, SO AS TO ESTABLISH PROCEDURES FOR CREATING,
PERFECTING, AND COLLECTING A LIEN FOR PAST DUE CHILD SUPPORT IN AN AMOUNT
EQUAL TO OR GREATER THAN $2,500; TO ADD SECTION 20-7-92, SO AS TO REQUIRE THE
COURT TO ORDER TEMPORARY PAYMENT OF CHILD SUPPORT PENDING A JUDICIAL
DETERMINATION OF PATERNITY UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855,
SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING FOR PARENTAGE AND PRENATAL
AND POSTNATAL HEALTH CARE ARE PRIMA FACIE EVIDENCE IN PATERNITY ACTIONS FOR
EXPENSES INCURRED; TO ADD SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED
VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A LEGAL FINDING OF PATERNITY; TO
AMEND SECTION 20-7-956 RELATING TO ADMISSIBILITY OF EVIDENCE IN PATERNITY
ACTIONS SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY; TO AMEND SECTION 44-63-163
RELATING TO BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY DETERMINATION SO AS
TO PROVIDE THAT THE CHANGE ALSO MAY BE MADE UPON A DETERMINATION MADE BY AN
ADMINISTRATIVE AGENCY; TO ADD SECTIONS 20-7-1124, 20-7-1126, 20-7-1127,
20-7-1128, 20-7-1129, 20-7-1153, 20-7-1155; TO AMEND SECTIONS 20-7-965, AS
AMENDED, 20-7-1010, AS AMENDED, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152,
AND 20-7-1154, ALL RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO
AS TO CONFORM THIS ACT TO THE ACT AS REVISED BY THE NATIONAL CONFERENCE OF
COMMISSIONERS ON UNIFORM STATE LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED,
RELATING TO INCOME WITHHOLDING SO AS TO REVISE DEFINITIONS AND TO REVISE
CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT; TO ADD SECTION
20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED, AND 20-7-9510, RELATING TO
THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD
SUPPORT SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO
ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE WHEN THE CHILD SUPPORT CASE IS
SUBJECT TO ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A GOVERNMENTAL ENTITY AND
TO REVISE DEFINITIONS; TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE
DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE FEDERAL GOVERNMENT ITS SHARE OF
FINES COLLECTED FOR FAILING TO COMPLY WITH SUBPOENAS AND CERTAIN CHILD SUPPORT
ENFORCEMENT REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO AUTHORIZE THE
DEPARTMENT OF SOCIAL SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND
SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT SO
AS TO AUTHORIZE THE COURT TO ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE
DEPARTMENT; TO AMEND SECTION 27-23-10 RELATING TO VOIDING CONVEYANCES MADE TO
DEFRAUD CREDITORS SO AS TO PROVIDE CONDITIONS UNDER WHICH A REBUTTABLE
PRESUMPTION IS CREATED THAT A CHILD SUPPORT DEBTOR INTENDED TO TRANSFER INCOME
OR PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT CREDITOR; TO ADD SECTIONS
43-5-595, 43-5-596, AND 43-5-597; AND TO AMEND SECTION 41-29-170, AS AMENDED,
SECTION 43-5-590, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED BY THE
SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE DEPARTMENT OF SOCIAL
SERVICES AND RELATING TO THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE CHILD
SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS WHO MUST PROVIDE INFORMATION TO THE
DEPARTMENT FOR THE PURPOSE OF THE ESTABLISHMENT OF PATERNITY OR THE
ESTABLISHMENT, NOTIFICATION, OR ENFORCEMENT OF A SUPPORT OBLIGATION, TO
REQUIRE UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO PROVIDE INFORMATION ON
ITS CUSTOMERS FOR SUCH PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR
DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY INFORMATION THE EMPLOYMENT
SECURITY COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598 SO AS TO REQUIRE
EMPLOYEES TO REPORT INFORMATION TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY
HIRED; TO AMEND SECTION 43-5-610 RELATING TO THE CENTRAL REGISTRY OF RECORDS
MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES SO AS TO REVISE THE
INFORMATION TO BE MAINTAINED AND TO WHOM INFORMATION MAY BE RELEASED; AND TO
REPEAL SECTION 43-5-222 RELATING TO THE PORTION OF CHILD SUPPORT PAYMENTS TO
BE PAID TO WELFARE RECIPIENTS.
03/13/97 House Introduced and read first time HJ-9
03/13/97 House Referred to Committee on Ways and Means HJ-11
04/17/97 House Committee report: Favorable with amendment Ways
and Means HJ-12
04/29/97 House Amended HJ-38
04/29/97 House Read second time HJ-41
04/30/97 House Read third time and sent to Senate HJ-13
05/01/97 Senate Introduced and read first time SJ-27
05/01/97 Senate Referred to Committee on Judiciary SJ-27
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 29, 1997
H. 3651
Introduced by Reps. Felder, Harrison, Cotty, Young, Davenport and
Haskins
S. Printed 4/2997--H.
Read the first time March 13, 1997.
REVISED STATEMENT OF ESTIMATED FISCAL
IMPACT
An Additional Cost to the General Fund of the State
as Shown Below
Judicial Department
Passage of the bill will require judges and clerks of courts to review
documents to determine if proper social security numbers (SSN) are
provided. If the SSN is not given, the courts would have to enforce
provisions specified in the bill. The department anticipates additional
costs associated with the legislation; however, the cost is not
determinable at this time.
Department of Social Services (DSS):
Information provided by DSS indicates the costs of implementation
of the proposed legislation would be underwritten by federal funds or
other sources of funds. Should further research indicate that the
general fund be required to provide a share of the cost of
implementation, this information will be immediately forwarded to
the committee. Projected implementation costs, regardless of the
source of funds, are $4,485,000 in the first year and $485,000
thereafter.
Department of Health & Environmental Control
(DHEC)
The bill requires DHEC to amend birth certificates to include the
social security numbers of both parents, in response to a paternity
order by a court, and provide the document at no cost to DSS. To
handle the additional workload associated with amending the birth
certificates, DHEC estimates the need for two additional
administrative personnel and associated operating and equipment
expenses at a cost of $46,000 in recurring funds and $10,945 in
nonrecurring funds. Additionally, there will be a nonrecurring cost
of $27,400 to develop new lithographic master plates of birth
certificates and associated printing costs.
DHEC indicates that it has recently received requests from DSS in
response to paternity orders averaging 75 amended birth certificates
per week at a fee of $18 per document. Enactment of this bill would
result in the loss of other funds revenue to the department estimated
at $70,200 annually (75 requests x 52 wks x $18). This is because
DSS would be entitled to birth certificates upon request, whereas,
currently DSS is charged a document fee by DHEC.
Section 20-7-958 of the proposed legislation allows the established
father 60 days to rescind his acknowledgment of a child's paternity.
This would allow a record to be amended, and then "unamended."
This may result in further increased costs to DHEC.
In a survey of eleven counties two counties indicated costs of
$27,000 and $14,500, one county indicated costs of an undetermined
amount, and two counties indicated costs could be absorbed.
Approved By:
Michael L. Shealy
Office of State Budget
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTIONS 20-3-235, 20-7-853, AND
20-7-854; AND BY AMENDING SECTIONS 20-1-220, 20-1-350,
20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS
AMENDED, 44-63-75, 44-63-80, AS AMENDED, 44-63-84,
44-63-86, AND 44-63-110, AS AMENDED, ALL RESPECTIVELY
RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND
JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL
AND PROFESSIONAL LICENSES, BUSINESS LICENSES,
DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING
LICENSES, PATERNITY ORDERS AND
ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES,
SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN
THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT
OF SOCIAL SERVICES FROM PAYING A FEE FOR
OBTAINING COPIES OF THESE DOCUMENTS IF THE
DOCUMENT IS NEEDED FOR THE PURPOSE OF
ESTABLISHING PATERNITY OR ESTABLISHING,
MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND
SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20,
RELATING TO INCOME WITHHOLDING FOR CHILD
SUPPORT BY ADDING PART III, SO AS TO ESTABLISH
PROCEDURES FOR CREATING, PERFECTING, AND
COLLECTING A LIEN FOR PAST-DUE CHILD SUPPORT IN AN
AMOUNT EQUAL TO OR GREATER THAN $2,500; TO ADD
SECTION 20-7-92, SO AS TO REQUIRE THE COURT TO
ORDER TEMPORARY PAYMENT OF CHILD SUPPORT
PENDING A JUDICIAL DETERMINATION OF PATERNITY
UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855,
SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING
FOR PARENTAGE AND PRENATAL AND POSTNATAL
HEALTH CARE ARE PRIMA FACIE EVIDENCE IN
PATERNITY ACTIONS FOR EXPENSES INCURRED; TO ADD
SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED
VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
CREATES A LEGAL FINDING OF PATERNITY; TO AMEND
SECTION 20-7-956 RELATING TO ADMISSIBILITY OF
EVIDENCE IN PATERNITY ACTIONS SO AS TO PROVIDE
THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF
PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF
PATERNITY; TO AMEND SECTION 44-63-163 RELATING TO
BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY
DETERMINATION SO AS TO PROVIDE THAT THE CHANGE
ALSO MAY BE MADE UPON A DETERMINATION MADE BY
AN ADMINISTRATIVE AGENCY; TO ADD SECTIONS
20-7-1124, 20-7-1126, 20-7-1127, 20-7-1128, 20-7-1129, 20-7-1153,
20-7-1155; TO AMEND SECTIONS 20-7-965, AS AMENDED,
20-7-1010, AS AMENDED, 20-7-1040, 20-7-1100, 20-7-1125,
20-7-1152, AND 20-7-1154, ALL RELATING TO THE UNIFORM
INTERSTATE FAMILY SUPPORT ACT, SO AS TO CONFORM
THIS ACT TO THE ACT AS REVISED BY THE NATIONAL
CONFERENCE OF COMMISSIONERS ON UNIFORM STATE
LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED,
RELATING TO INCOME WITHHOLDING SO AS TO REVISE
DEFINITIONS AND TO REVISE CONDITIONS UNDER WHICH
INCOME WITHHOLDING IS IN EFFECT; TO ADD SECTION
20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED,
AND 20-7-9510, RELATING TO THE ADMINISTRATIVE
PROCESS FOR ESTABLISHING AND ENFORCING
PATERNITY AND CHILD SUPPORT SO AS TO AUTHORIZE
THE DEPARTMENT OF SOCIAL SERVICES TO
ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE
WHEN THE CHILD SUPPORT CASE IS SUBJECT TO
ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A
GOVERNMENTAL ENTITY AND TO REVISE DEFINITIONS;
TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE
DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE
FEDERAL GOVERNMENT ITS SHARE OF FINES COLLECTED
FOR FAILING TO COMPLY WITH SUBPOENAS AND
CERTAIN CHILD SUPPORT ENFORCEMENT
REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO
AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO
ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND SECTION
20-7-420, AS AMENDED, RELATING TO JURISDICTION OF
THE FAMILY COURT SO AS TO AUTHORIZE THE COURT TO
ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE
DEPARTMENT; TO AMEND SECTION 27-23-10 RELATING TO
VOIDING CONVEYANCES MADE TO DEFRAUD CREDITORS
SO AS TO PROVIDE CONDITIONS UNDER WHICH A
REBUTTABLE PRESUMPTION IS CREATED THAT A CHILD
SUPPORT DEBTOR INTENDED TO TRANSFER INCOME OR
PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT
CREDITOR; TO ADD SECTIONS 43-5-595, 43-5-596, AND
43-5-597; AND TO AMEND SECTION 41-29-170, AS
AMENDED, SECTION 43-5-590, AS AMENDED, RELATING TO
INFORMATION TO BE PROVIDED BY THE SOUTH
CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE
DEPARTMENT OF SOCIAL SERVICES AND RELATING TO
THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE
CHILD SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS
WHO MUST PROVIDE INFORMATION TO THE DEPARTMENT
FOR THE PURPOSE OF THE ESTABLISHMENT OF
PATERNITY OR THE ESTABLISHMENT, NOTIFICATION, OR
ENFORCEMENT OF A SUPPORT OBLIGATION, TO REQUIRE
UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO
PROVIDE INFORMATION ON ITS CUSTOMERS FOR SUCH
PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR
DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY
INFORMATION THE EMPLOYMENT SECURITY
COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598
SO AS TO REQUIRE EMPLOYEES TO REPORT INFORMATION
TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY
HIRED; TO AMEND SECTION 43-5-610 RELATING TO THE
CENTRAL REGISTRY OF RECORDS MAINTAINED BY THE
DEPARTMENT OF SOCIAL SERVICES SO AS TO REVISE THE
INFORMATION TO BE MAINTAINED AND TO WHOM
INFORMATION MAY BE RELEASED; AND TO REPEAL
SECTION 43-5-222 RELATING TO THE PORTION OF CHILD
SUPPORT PAYMENTS TO BE PAID TO WELFARE
RECIPIENTS.
Amend Title To Conform
Whereas, it is the sense of Congress that all states shall have in effect
certain laws relative to the enforcement of child support in order to
remain eligible for federal funding under Title IV-D of the Social
Security Act. Therefore, this act amends the Code of Laws of South
Carolina, 1976, to, among other things, require the collection and use
of social security numbers on certain state-issued documents and
applications; to provide authority for the imposition of administrative
liens in child support cases; to enhance the information requirements
of the parties to a paternity or child support action; to enhance
procedures establishing paternity; to conform the state's Uniform
Interstate Family Support Act (UIFSA) to changes made by the
National Conference of Commissioners on Uniform State Laws; to
enhance income withholding; to provide authority for the Department
of Social Services to administratively change the payee in Title IV-D
child support cases; to provide authority for the issuance and
enforcement of administrative subpoenas; to enhance the ability to
void conveyances fraudulently conducted for purposes of avoiding
payment of a child support obligation; to eliminate the payment of a
child support disregard check in accordance with the elimination of
federal financial participation in the same; to require employers, state
and local agencies, financial institutions, and utility companies to
provide certain information necessary for the establishment or
enforcement of child support obligations; to establish a mandatory
new hire reporting program; and to establish a state registry of child
support cases. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
Part I
Documents Requiring Social Security Numbers for Use in
Child
Support Enforcement
SECTION 1. The 1976 Code is amended by adding:
"Section 20-3-235. A decree of divorce shall set forth the social
security numbers of the parties in the divorce."
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-853. An administrative or judicial order which
includes a determination of paternity or a provision for child support
shall set forth the social security numbers of both parents."
SECTION 3. The 1976 Code is amended by adding:
"Section 20-7-854. (A) An obligor and an obligee in a
child support or paternity action, whether judicial or administrative,
shall provide the following information to the tribunal:
(1) residence address;
(2) mailing address;
(3) telephone number;
(4) social security number;
(5) driver's license number; and
(6) name, address, and telephone number of employer.
The parties shall notify the tribunal of any changes to the
above-referenced information within ten days of the effective date of
the change. In subsequent support actions between the obligor and
the obligee or their assignees, upon sufficient showing that diligent
effort has been made to ascertain the location of the party, delivery
by first-class mail of written notice to the obligor and the obligee at
the residential or employer address most recently filed with the
tribunal constitutes service of process.
(B) 'Tribunal' is defined for purposes of this section as the family
court or the Department of Social Services, Child Support
Enforcement Division or its designee."
SECTION 4. Section 20-1-220 of the 1976 Code is amended to
read:
"Section 20-1-220. No marriage license shall
may be issued unless a written application therefor
shall have been filed with the probate judge, or in Darlington and
Georgetown Counties the clerk of court who issues such
the license, at least twenty-four hours prior to
before its issuance. Such The application
must be signed by both of the contracting parties and shall contain the
same information as required for the issuing of the license
including the social security numbers of the contracting
parties. The license issued shall, in addition to other
things required, shall show the hour and date of the filing of
the application therefor and the hour and date of the issuance
of the license. Such The application shall
must be kept by the probate judge or clerk of court as a
permanent record in his office. Any A probate judge
or clerk of court issuing any a license contrary to the
provisions hereof shall, on, upon conviction
thereof, be punished by a fine of not more than one
hundred dollars nor less than twenty-five dollars or by imprisonment
for not more than thirty days nor must be fined not more than
one hundred dollars or not less than twenty-five dollars or imprisoned
for not more than thirty days or not less than ten days."
SECTION 5. Section 20-1-350 of the 1976 Code is amended to
read:
"Section 20-1-350. The Department of Health and Environmental
Control shall properly file and index every such
marriage license and certificate and may provide a certified
copy of any such license and certificate upon application of
proper parties except that upon request the Department of Social
Services or its designee must be provided at no charge with a copy or
certified copy of a license and certificate for the purpose of
establishing paternity or establishing, modifying, or enforcing a child
support obligation."
SECTION 6. Section 20-7-949 of the 1976 Code, as added by Act
452 of 1996, is amended to read:
"Section 20-7-949. An applicant for a license or for renewal of
a license shall submit the applicant's social security number to the
licensing entity which must be recorded on the application."
SECTION 7. Section 20-7-957 of the 1976 Code is amended to
read:
"Section 20-7-957. Upon a finding that the putative father is the
natural father of the child, the court must issue an order designating
the putative father as the natural father. The order also shall set
forth the social security numbers of both parents. The order
may shall establish a duty of support and provide for
child support payments in amounts and at a frequency to be
determined by the court. The order may also shall
provide for other relief which has been properly prayed for in the
pleadings and which is deemed considered
reasonable and just by the court.
Upon a finding that the putative father is not the father of the child,
the court must shall issue an order which sets forth
this finding."
SECTION 8. Section 44-7-77 of the 1976 Code, as last amended
by Section 7, Part VI, Act 102 of 1995, is further amended to read:
"Section 44-7-77. The Department of Health and Environmental
Control and the State Department of Social Services, in conjunction
with the South Carolina Hospital Association, shall develop and
implement a program to promote obtaining voluntary
acknowledgments of paternity as soon after birth as possible and
where possible before the release of the newborn from the hospital.
A voluntary acknowledgment including those obtained
through an in-hospital program shall contain the social security
number of both parents, and must be signed by both
parents. and the The signatures must be
notarized. As part of its in-hospital voluntary acknowledgment of
paternity program, a birthing hospital as part of the birth registration
process, shall collect, where ascertainable, information which is or
may be necessary for the establishment of the paternity of the child
and for the establishment of child support. The information to be
collected on the father or on the putative father if paternity has not
been established includes, but is not limited to, the name of the father,
his date of birth, home address, social security number, and
employer's name, and additionally for the putative father, the names
and addresses of the putative father's parents."
SECTION 9. Section 44-63-60 of the 1976 Code, as last amended
by Act 341 of 1988, is further amended to read:
"Section 44-63-60. The state registrar shall, upon
application by those entitled pursuant to Sections
Section 44-63-80, 44-63-82, 44-63-84, or 44-63-86,
shall furnish a certificate under the seal of the department
showing data from the records of births, deaths, marriages, and
divorces registered with the department or a certified copy under seal
of such records. Federal, state, local, and other public or private
agencies may must be furnished copies or data for
statistical, health, or legal purposes upon such terms or conditions as
may be prescribed by the state registrar except that upon
request the Department of Social Services or its designee must be
provided at no charge with a copy or certified copy of a certificate for
the purpose of establishing paternity or establishing, modifying, or
enforcing a child support obligation."
SECTION 10. Section 44-63-75 of the 1976 Code, as added by Act
513 of 1994, is amended to read:
"Section 44-63-75. (A) Social Security numbers must
be included in the forms prescribed by the state registrar for:
(1) the recordation of birth,
certificates death, and divorce;
(2) the application of marriage.
(B) Social security numbers must be recorded on birth and
death certificates."
SECTION 11. Section 44-63-80 of the 1976 Code, as last
amended by Act 341 of 1988, is further amended to read:
"Section 44-63-80. Except as otherwise provided, certified copies
of the original birth certificate or any new or amendatory certificate,
exclusive of that portion containing confidential information, must be
issued only by the state registrar and only to the registrant, if of legal
age, his parent or guardian, or other legal representative, and
upon request to the Department of Social Services or its designee for
the purpose of establishing paternity or establishing, modifying, or
enforcing a child support obligation. However, the certified copy
of the birth certificate may not disclose the name of the father in any
illegitimate birth unless the name of the father is entered on the
certificate pursuant to Section 44-63-163 or Section 44-63-165. The
short form certificate or birth card may be furnished only to the
registrant, his parent or guardian, or other legal representative by the
state or county registrar.
When one hundred years have elapsed after the date of birth, these
records must be made available in photographic or other suitable
format for public viewing."
SECTION 12. Section 44-63-84 of the 1976 Code, as added by Act
341 of 1988, is amended to read:
"Section 44-63-84. Copies of death certificates may be issued to
members of the deceased's family or their respective legal
representatives. Upon request, the Department of Social Services
or its designee must be provided with copies or certified copies of
death certificates for the purpose of establishing paternity or
establishing, modifying, or enforcing a child support obligation.
Others who demonstrate a direct and tangible interest may be issued
copies when information is needed for the determination of a
personal or property right. Other applicants may be provided with a
statement that the death occurred, the date, and county of death.
However, when fifty years have elapsed after the date of death, these
records become public records and any person may obtain copies
upon submission of an application containing sufficient information
to locate the record. For each copy issued or search of the files made,
the state registrar shall collect the same fee as is charged for the
issuance of certified copies or a search of the files for other records
in his possession, except that the Department of Social Services
or its designee may not be charged this fee.
When fifty years have elapsed after the date of death, these records
must be made available in photographic or other suitable format for
public viewing."
SECTION 13. Section 44-63-86 of the 1976 Code, as added by Act
341 of 1988, is amended to read:
"Section 44-63-86. Copies of marriage certificates and reports of
divorce registered with the Department of Health and Environmental
Control may must be issued to the parties married or
divorced, their adult children, a present or former spouse of either
party married or divorced, or their respective legal
representative, or upon request to the Department of Social
Services or its designee for the purpose of establishing paternity or
establishing, modifying, or enforcing a child support obligation.
Other applicants may be provided with a statement that the marriage
or divorce occurred, the date, and county of the event."
SECTION 14. Section 44-63-110 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 44-63-110. For making, furnishing, or certifying any
card, certificate, or certified copy of the record, for filing a record
amendment according to the provisions of Section 44-63-60,
44-63-80, 44-63-90 or 44-63-100, or for searching the record, when
no card, certificate, or certified copy is made, a fee in an amount as
determined by the Board of the Department of Health and
Environmental Control must be paid by the applicant, except that
the Department of Social Services or its designee is not required to
pay a fee when the information is needed for the purpose of
establishing paternity or establishing,modifying, or enforcing a child
support obligation. The amount of the fee established by the
board may not exceed the cost of the services performed and to the
extent possible must be charged on a uniform basis throughout the
State. When verification of the facts contained in these records is
needed for Veterans' Administration purposes in connection with a
claim, it must be furnished without charge to the Veterans' Affairs
Division of the Governor's Office or to a county veterans' affairs
officer upon request and upon the furnishing of satisfactory evidence
that the request is for the purpose authorized in this chapter."
Part II
Administrative Liens
SECTION 15. Subarticle 6, Article 9, Chapter 7, Title 20 of the
1976 Code is amended by adding:
"Part III
Child Support Arrearage Liens
Section 20-7-1332. (A) A child support obligation which is
unpaid in an amount equal to or greater than one thousand dollars, as
of the date on which it was due, is a lien in favor of the obligee in an
amount sufficient to satisfy unpaid child support, whether the amount
due is a fixed sum or is accruing periodically. An amount of
restitution established by the Department of Social Services, Child
Support Enforcement Division, or its designee (division) or the
family court is due and payable as of the date the amount is
established. The lien shall incorporate any unpaid child support
which may accrue in the future and does not terminate except as
provided in subsection (D). Upon recordation or registration in
accordance with subsection (C), the lien shall encumber all tangible
and intangible property, whether real or personal, and an interest in
property, whether legal or equitable, belonging to the obligor. An
interest in property acquired by the obligor after the child support lien
arises is subject to the lien, subject to the limitations provided in
subsections (C) and (D).
(B) When the division determines that child support is unpaid
in an amount equal to or greater than two thousand five hundred
dollars, it shall send written notice to the obligor by first-class mail
to the obligor's last known address, as filed with the tribunal pursuant
to Section 20-7-854. The notice shall specify the amount unpaid as
of the date of the notice or other date certain and the right of the
obligor to request an administrative review by filing a written request
with the division within thirty days of the date of the notice. If the
obligor files a timely written request for an administrative review, the
division shall conduct the review within thirty days of receiving the
request.
(C) The division shall file notice of a lien with respect to real
property with the register of mesne conveyances for any county in the
State where the obligor owns property. The social security number
of the obligor must be noted on the notice of the lien. The filing
operates to perfect a lien when recorded, as to any interest in real
property owned by the obligor that is located in the county where the
lien is recorded. A special index for liens created under this section
must be maintained by the register of mesne conveyances of each
county of the State. If the obligor subsequently acquires an interest
in real property, the lien is perfected upon the recording of the
instrument by which the interest is obtained in the register of mesne
conveyances where the notice of the lien was filed within six years
prior thereto. A child support lien is perfected as to real property
when both the notice thereof and a deed or other instrument in the
name of the obligor are on file in the register of mesne conveyances
for the county where the obligor owns property without respect to
whether the lien or the deed or other instrument was recorded first.
The division also shall file notice of a child support lien, with the
social security number of the obligor on the notice, with respect to
personal property with the Department of Transportation, the
Department of Natural Resources, a county, or other office or agency
responsible for the filing or recording of liens. The filing of a notice
of a lien or of a waiver or release of a lien must be received and
registered or recorded without payment of a fee. The division may
file notice of a lien or waiver or release of a lien or may transmit
information to or receive information from any registry of deeds or
other office or agency responsible for the filing or recording of liens
by any means, including electronic means. The perfected lien is not
subordinate to a recorded lien except a lien that has been perfected
before the date on which the child support lien was perfected. The
division, upon request of the obligor, may subordinate the child
support lien to a subsequently perfected mortgage. To assist in the
collection of a debt by the division, the division may disclose the
name of an obligor against whom a lien has arisen and other
identifying information including the existence of the lien and the
amount of the outstanding obligation.
(D) The lien expires upon termination of a current child support
obligation and payment in full of unpaid child support or upon
release of the lien by the division. In any event, a lien under this
section expires six years from the date on which the lien was first
perfected. The lien may be extended for additional periods of six
years each by recording, during the fifth year of the lien, a further
notice of the lien, as provided in subsection (C), without affecting the
priority of the lien. Expiration of the lien does not terminate the
underlying order or judgment of child support. The division may
issue a full or partial waiver of a lien imposed under this section. The
waiver or release is conclusive evidence that the lien upon the
property covered by the waiver or release is extinguished.
(E) If an obligor against whom a lien has arisen and has been
perfected under subsection (C) neglects or refuses to pay the sum due
after the expiration of the thirty-day notice period specified in
subsection (B), the division may collect the unpaid child support and
levy upon all property as provided in this section. For the purposes
of this section, 'levy' includes the power of distraint and seizure by
any means. A person in possession of property upon which a lien
having priority under subsection (C) has been perfected, upon
demand, shall surrender the property to the division as pursuant to
this section. Financial institutions which hold assets of an obligor,
after proper identification and notification by the division, shall
encumber or surrender deposits, credits, or other personal property
held by the institution on behalf of an obligor who is subject to a
child support lien, pursuant to Section 43-5-596. A levy on property
held by an organization with respect to a life insurance or endowment
contract, without necessity for the surrender of the contract
document, constitutes a demand by the division for payment of the
amount of the lien and the exercise of the right of the obligor to the
advance of the amount. The organization shall pay the amount ninety
days after service of the notice of levy. The levy is considered
satisfied if the organization pays over to the division the full amount
which the obligor could have had advanced to him, if the amount
does not exceed the amount of the lien. Whenever any property upon
which levy has been made is not sufficient to satisfy the claim of the
state for which levy is made, the division thereafter, as often as may
be necessary, proceed to levy, without further notice, upon any other
property of the obligor subject to levy upon first perfecting its lien as
provided in subsection (C), until the amount due from the obligor and
the expenses are fully paid. With respect to a seizure or levy of real
property or tangible personal property, the sheriff shall proceed in the
manner prescribed by Sections 15-39-610, et seq., insofar as these
sections are not inconsistent with this section. The division has rights
to property remaining after satisfying superior perfected liens, as
provided in subsection (C).
(F) Upon demand by the division, a person who fails or refuses to
surrender property subject to levy pursuant to this section is liable in
his own person and estate to the State in a sum equal to the value of
the property not so surrendered but not exceeding the amount of the
lien, and the costs at the rate established by Section 23-19-10.
(G) A person in possession of, or obligated with respect to,
property who, upon demand by the division, surrenders the property
or discharges the obligations to the division or who pays a liability
under this section, must be discharged from any obligation or liability
to the obligor arising from the surrender or payment. A levy on an
organization with respect to a life insurance or endowment contract
which is satisfied pursuant to this section, discharges the organization
from any obligation or liability to any beneficiary arising from the
surrender or payment.
(H) The division shall send timely written notice to the obligor by
first-class mail of any action taken to perfect a lien, execute a levy,
or seize any property. The notice shall specify the amount due, the
steps to be followed to release the property so placed under lien,
levied, or seized, and the time period within which to respond to the
notice and shall include the name of the court or administrative
agency of competent jurisdiction which entered the child support
order.
(I) A person aggrieved by a determination of the division pursuant
to subsection (B), upon exhaustion of the procedures for
administrative review may seek judicial review in the court where the
order or judgment was issued or registered. Commencement of the
review shall not stay enforcement of child support. The court may
review the proceedings taken by the division pursuant to this section
and may correct any mistakes of fact; however, the court may not
reduce or retroactively modify child support arrears.
(J) A child support enforcement agency in a jurisdiction outside
this State may request the division to enforce a child support order
issued by a court or administrative agency in another jurisdiction or
a lien arising under the law of another jurisdiction. The order or lien
must be accorded full faith and credit and the order or lien must be
enforced as if the order was issued or the lien arose in South
Carolina, without the necessity of registering the order with the court.
(K) The division may promulgate regulations to implement this
section."
Part III
Enhancing Paternity Establishment
SECTION 16. The 1976 Code is amended by adding:
"Section 20-7-92. The court shall issue, upon motion of either
party, a temporary order requiring the payment of child support
pending an administrative or judicial determination of parentage if:
(1) the defendant has signed a verified statement acknowledging
paternity;
(2) the defendant has been determined pursuant to law to be the
parent; or
(3) there is other clear and convincing evidence that the defendant
is the child's parent."
SECTION 17. The 1976 Code is amended by adding:
"Section 20-7-855. If copies of bills are furnished to the
adverse party at least ten days before the date of an administrative or
judicial hearing, the bills for testing for parentage and for prenatal
and postnatal health care of the mother and child must be admitted as
evidence without third party foundation testimony and are prima
facie evidence of the amounts incurred for the services or for testing
and that the amounts were reasonable, necessary, and customary. An
individual or entity who proposes or submits falsified billing
information, is subject to the contempt powers of the court."
SECTION 18. The 1976 Code is amended by adding:
"Section 20-7-958. (A) A verified voluntary acknowledgment of
paternity creates a legal finding of paternity, subject to the right of
any signatory to rescind the acknowledgment within the earlier of:
(1) sixty days; or
(2) the date of an administrative or judicial proceeding relating
to the child including a proceeding to establish a support order, in
which the signatory is a party.
(B) Upon the expiration of the sixty-day period provided for in
subsection (A), a verified voluntary acknowledgment of paternity
may be challenged in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenger.
(C) In the event of a challenge, legal responsibilities including
child support obligations of any signatory arising from the
acknowledgment may not be suspended during the challenge, except
for good cause shown.
(D) Judicial or administrative proceedings are not required or
permitted to ratify an unchallenged acknowledgment of paternity."
SECTION 19. Section 20-7-956(A)(4) of the 1976 Code, as last
amended by Act 513 of 1994, is further amended to read:
"(4) A verified voluntary acknowledgment of paternity. This
acknowledgment creates a rebuttable presumption of the putative
father's paternity except that a verified voluntary
acknowledgment of paternity executed after January 1, 1998, creates
a conclusive presumption of the putative father's paternity subject to
the provisions of Section 20-7-958."
SECTION 20. Section 44-63-163 of the 1976 Code, as added by
Act 341 of 1988, is amended to read:
"Section 44-63-163. A certificate must be prepared for a child
born in this State to reflect the name of the father determined by the
court or an administrative agency of competent jurisdiction
upon receipt of a certified copy of a court or administrative
determination of paternity pursuant to Section 20-7-952. If the
surname of the child is not decreed by the court, the request for the
certificate must specify the surname to be placed on the certificate.
When an amended certificate is prepared, the original certificate and
certified copy of the court order must be placed in a sealed file not to
be subject to inspection except by order of the family court."
Part IV
Uniform Interstate Family Support Act
SECTION 21. The 1976 Code is amended by adding:
"Section 20-7-1124. An income withholding order issued in
another state may be sent by first-class mail to the person or entity
defined as the obligor's employer under Section 20-7-1315 et seq.,
without first filing a petition or comparable pleading or registering
the order with a tribunal in this State."
SECTION 22. The 1976 Code is amended by adding:
"Section 20-7-1126. If the obligor's employer receives multiple
orders to withhold support from the earnings of the same obligor, and
if the employer complies with the law of the state of the obligor's
principal place of employment for the establishment of priorities for
withholding and allocating income withheld for multiple child
support obligees is complied with, the employer is deemed to have
satisfied the terms of the multiple orders.
Section 20-7-1127. An employer who complies with an
income withholding order issued in another state in accordance with
this subarticle is not subject to civil liability to any individual or
agency with regard to the employer's withholding child support from
the obligor's income.
Section 20-7-1128. An employer who wilfully fails to comply
with an income withholding order issued by another state and
received for enforcement is subject to the same penalties that may be
imposed for noncompliance with an order issued by a tribunal of this
State.
Section 20-7-1129. (A) An obligor may contest the validity or
enforcement of an income withholding order issued in another state
and received directly by an employer in this State in the same manner
as if the order had been issued by a tribunal of this State.
(B) The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services to the
obligee;
(2) each employer which has directly received an income
withholding order; and
(3) the person or agency designated to receive payments in the
income withholding order; or if no person or agency is designated, to
the obligee."
SECTION 23. The 1976 Code is amended by adding:
"Section 20-7-1153. A tribunal of this State shall recognize a
modification of its earlier child support order by a tribunal of another
state which assumed jurisdiction pursuant to a law substantially
similar to this subarticle and upon request, except as otherwise
provided in this subarticle, shall:
(1) enforce any arrearage and provide other appropriate relief for
violations of the modified order which occurred before the effective
date of the modification;
(2) enforce the modified order to the extent it was not superseded
by the modification; and
(3) recognize the modifying order of the other state, upon
registration, for the purpose of enforcement."
SECTION 24. The 1976 Code is amended by adding:
"Section 20-7-1155. Within thirty days after issuance of a modified
child support order, the party obtaining the modification shall file a
certified copy of the order with the issuing tribunal which had
continuing, exclusive jurisdiction over the earlier order and in those
tribunals in which that party knows the earlier order has been
registered. Failure of the party obtaining the order to file a certified
copy as required subjects that party to appropriate sanctions by a
tribunal in which the issue of failure to file arises; however, that
failure has no effect on the validity or enforceability of the modified
order of the new tribunal of continuing, exclusive jurisdiction."
SECTION 25. Section 20-7-965(7), (16) and (19) of the 1976 Code,
as last amended by Act 494 of 1994, is further amended to read:
"(7) 'Initiating state' means a state in from which
a proceeding is forwarded or in which a proceeding is filed for
forwarding to a responding state under this subarticle or a
law or procedure substantially similar law to this
subarticle, or under a law or procedure substantially similar to the
Uniform Reciprocal Enforcement of Support Act, or the Revised
Uniform Reciprocal Enforcement of Support Act is filed for
forwarding to a responding state.
(16) 'Responding state' means a state to in which
a proceeding is filed or to which a proceeding is forwarded
for filing from an initiating state under this subarticle or a
law substantially similar law to this subarticle,
or under a law or procedure substantially similar to the Uniform
Reciprocal Enforcement of Support Act or the Revised Reciprocal
Enforcement of Support Act.
(19) 'State' means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or
insular possession subject to the jurisdiction of the United States.
The term 'state' includes an Indian tribe and includes a foreign
jurisdiction that has enacted a law or established procedures
for issuance and enforcement of support orders which are
substantially similar to the procedures under this subarticle or the
procedures under the Uniform Reciprocal Enforcement of Support
Act or the Revised Uniform Reciprocal Enforcement of Support
Act."
SECTION 26. Section 20-7-1010 of the 1976 Code, as last amended
by Act 452 of 1996, is further amended to read:
"Section 20-7-1010. (A) If a proceeding is brought under this
subarticle and only one tribunal has or more
child support orders have been issued a child support order,
the order of that tribunal is controlling and must be recognized.
in any state with regard to an obligor and a child before the
effective date of this subarticle, a tribunal of this State shall apply the
following priorities in determining which order to recognize for
purposes of continuing, exclusive jurisdiction if:
(B) If a proceeding is brought under this subarticle and two
or more child support orders have been issued by tribunals of this
State or another state with regard to the same obligor and child, a
tribunal of this State shall apply the following rules in determining
which order to recognize for purposes of continuing, exclusive
jurisdiction:
(1) only one tribunal has issued a child support order,
the order of that tribunal must be recognized;
2 (1) if only one tribunal has issued
a child support order would have continuing, exclusive
jurisdiction under this subarticle, the order of that tribunal is
controlling and must be recognized;
(3)(2) if two or more tribunals have
issued child support orders for the same obligor and child and
more than one of the tribunals would have continuing,
exclusive jurisdiction under the provisions of this subarticle, an order
issued by a tribunal in the current home state of the child must be
recognized, but however, if an order has not been
issued in the current home state of the child, the order most recently
issued is controlling and must be recognized.
(4) (3) if two or more tribunals have
issued child support orders for the same obligor and child and
none of the tribunals would have continuing, exclusive jurisdiction
under the provisions of this subarticle, a tribunal of this State
having jurisdiction over the parties must may issue
a child support order which is controlling and must be
recognized.
(C) If two or more child support orders have been issued for
the same obligor and child and if the obligor or the individual obligee
resides in this State, a party may request a tribunal of this State to
determine which order controls and must be recognized under
subsection (B). The request must be accompanied by a certified copy
of every support order in effect. Every party whose rights may be
affected by a determination of the controlling order must be given
notice of the request for that determination.
(B) (D) The tribunal that issued an
the order that must be recognized as
controlling under subsection (A), (B), or (C) is the
tribunal that has having continuing, exclusive
jurisdiction in accordance with Section 20-7-1000.
(E) A tribunal of this State which determines by order the
identity of the controlling child support order under subsections
(B)(1) or (B)(2) or which issues a new controlling child support order
under subsection (B)(3) shall include in that order the basis upon
which the tribunal made its determination.
(F) Within thirty days after issuance of the order determining
the identity of the controlling order, the party obtaining that order
shall file a certified copy of it with each tribunal that had issued or
registered an earlier order of child support. Failure of the party
obtaining the order to file a certified copy as required subjects that
party to appropriate sanctions by a tribunal in which the issue of
failure to file arises, however, that failure has no effect on the validity
or enforceability of the controlling order."
SECTION 27. Section 20-7-1040 of the 1976 Code, as last amended
by Act 452 of 1996, is further amended to read:
"Section 20-7-1040. (A) Upon the filing of a proceeding
authorized by this subarticle, a tribunal of this State as an initiating
tribunal shall forward three copies of the complaint and its
accompanying documents:
(1) to the responding tribunal or appropriate support
enforcement agency in the responding State; or
(2) if the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that
they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
(B) If a responding state has not enacted this subarticle or a
law or procedure substantially similar to this subarticle, a tribunal of
this State may issue a certificate or other documents and make
findings required by the law of the responding state. If the
responding state is a foreign jurisdiction, the tribunal may specify the
amount of support sought and provide other documents necessary to
satisfy the requirements of the responding state."
SECTION 28. Section 20-7-1100(D) of the 1976 Code, as last
amended by Act 452 of 1996, is further amended to read:
"(D) If copies of bills are furnished to the adverse party at least
ten days before trial the date of an administrative or
judicial hearing, the bills for testing for parentage and for
prenatal and postnatal health care of the mother and child must
be admitted as evidence without third party foundation testimony
and are prima facie evidence of the amounts incurred for
these testing services and that these amounts that the charges
billed were reasonable, necessary, and customary and are
admissible to prove the amount of those charges."
SECTION 29. Section 20-7-1125 of the 1976 Code, as last amended
by Act 452 of 1996, is further amended to read:
"Section 20-7-1125. (A) As a condition of doing
business in this State an employer shall comply with an income
withholding order issued in another state as if the order had been
issued by a tribunal of this State.
(B) Two copies of an income withholding order issued
in another state may be sent by first-class mail to the obligor's
employer in this State without first filing a proceeding or registering
the order with the family court.
(C) If an income withholding order appears
regular on its face, the employer shall:
(1) immediately provide a copy of the order to the
obligor;
(2) follow the procedure for withholding income
as if the order had been issued by a tribunal of this State; and
(3) distribute the funds as directed in the
withholding order.
(D) An obligor may contest the validity or
enforcement of an income withholding order by requesting a hearing
in family court not later than twenty days after the first payment is
withheld. If the obligor requests a hearing to contest the order, the
family court shall schedule the matter for hearing and provide notice
of the date, time, and place of hearing by first-class mail to the
obligor and the obligee or other designated person. The procedure
and grounds for contesting the validity and enforcement of an income
withholding order issued in another state served directly on the
employer are the same as those available for contesting an income
withholding order that has been issued in this State. If enforcement
of an income withholding order issued in another state served directly
on an employer is contested, the rules provided by Section 20-7-1138
apply.
(E) The obligor shall give notice of the complaint
to contest to the support enforcement agency providing services to
the obligee, if any, and to:
(1) the person or agency designated to receive
payments in the income withholding order; or
(2) if no person or agency is designated, the
obligee.
(A) Upon receipt of an income withholding order of another
state, the obligor's employer immediately shall provide a copy of the
order to the obligor.
(B) The employer shall treat an income withholding order issued
in another state which appears regular on its face as if it had been
issued by a tribunal of this State.
(C) Except as provided in subsection (D) and Section 20-7-1126,
the employer shall withhold and distribute the funds as directed in the
withholding order by complying with the terms of the order, as
applicable, that specify:
(1) the duration and the amount of periodic payments of current
child support, stated as a sum certain;
(2) the person or agency designated to receive payments and the
address to which payments are to be forwarded;
(3) medical support, whether in the form of periodic cash
payment stated as a sum certain or ordering the obligor to provide
health insurance coverage for the child under a policy available
through the obligor's employment;
(4) the amount of periodic payments of fees and costs for a
support enforcement agency, the issuing tribunal, and the obligee's
attorney, stated as sums certain; and
(5) the amount of periodic payments of arrears and interest on
arrears, stated as sums certain.
(D) The employer shall comply with the law of the state of the
obligor's principal place of employment for withholding from income
with respect to:
(1) the employer's fee for processing an income withholding
order;
(2) the maximum amount permitted to be withheld from the
obligor's income; and
(3) the time periods within which the employer must implement
the withholding order and forward the child support payment."
SECTION 30. Section 20-7-1152 of the 1976 Code, as last amended
by Act 452 of 1996, is further amended to read:
"Section 20-7-1152. (A) After a child support order of another
state has been registered in this State, a unless Section
20-7-1154 applies, the responding tribunal of this State may
modify that order only if, after notice and hearing, it finds that:
(1) these requirements are met:
(a) neither the child, the individual
obligee, nor and the obligor do not reside in
the issuing state;
(b) a plaintiff who is a the
nonresident of this State plaintiff seeks
modification, ; and
(c) the defendant is subject to the personal
jurisdiction of a tribunal of this State; or
(2) a an individual party who is a natural
person or the child is subject to the personal jurisdiction of a
tribunal of this State and all the parties who are natural
persons have filed an agreement a written
consent in the issuing tribunal providing that the
a tribunal of this State may modify the support
order and assume continuing, exclusive jurisdiction over the order.
However, if the issuing state is a foreign jurisdiction which has
not enacted this subarticle, the written consent of the individual party
residing in this State is not required for the tribunal to assume
jurisdiction to modify the child support order.
(B) A child support order registered for
modification Modification of a registered child support
order is subject to the same requirements, procedures, and
defenses that apply applicable to the modification of
an order issued by a tribunal of this State and may be enforced and
satisfied in the same manner.
(C) A tribunal of this State may not modify any aspect of a child
support order that may not be modified under the law of the issuing
state. If two or more tribunals have issued child support orders
for the same obligor and child, the order that is controlling and must
be recognized under Section 20-7-1010 establishes the nonmodifiable
aspects of the support order.
(D) On issuance of an order modifying a child support order issued
in another state, a tribunal of this State becomes the tribunal of
continuing, exclusive jurisdiction.
(E) Within thirty days after issuance of a modified child
support order, the party obtaining the modification shall file a
certified copy of the order with the issuing tribunal which had
continuing, exclusive jurisdiction over the earlier order and in those
tribunals in which that party knows the earlier order has been
registered."
SECTION 31. Section 20-7-1154 of the 1976 Code, as last amended
by Act 452 of 1996, is further amended to read:
"Section 20-7-1154. A tribunal of this State shall recognize a
modification of its earlier child support order by a tribunal of another
state which assumed jurisdiction pursuant to a law substantially
similar to this subarticle and upon request, except as otherwise
provided in this subarticle, shall:
(1) enforce any arrearage and provide other
appropriate relief for violations of the modified order which occurred
before the effective date of the modification;
(2) enforce the modified order to the extent it was
not superseded by the modification; and
(3) recognize the modifying order of the other
state, upon registration, for the purpose of enforcement.
(A) If all of the individual parties reside in this State and the
child does not reside in the issuing state, a tribunal of this State has
jurisdiction to enforce and to modify the issuing state's child support
order in a proceeding to register that order.
(B) A tribunal of this State exercising jurisdiction as provided in
this section shall apply Sections 20-7-965 through 20-7-1020 and
Sections 20-7-1132 through 20-7-1154 to the enforcement or
modification proceeding. Sections 20-7-1025 through 20-7-1130 and
Sections 20-7-1156 through 20-7-1162 do not apply and the tribunal
shall apply the procedural and substantive law of this State."
Part V
Income Withholding
SECTION 32. Section 20-7-1315(A)(1) and (5) and (B) of the 1976
Code, as last amended by Act 510 of 1994, is further amended to
read:
"(1) 'Order for support' means any order of a court or an
administrative agency of competent jurisdiction which provides
for periodic payments of funds for the support of a child or
maintenance of a spouse or former spouse and support of a child,
whether temporary or final, whether incidental to a proceeding for
divorce, separation, separate maintenance, paternity, guardianship, or
otherwise and includes any order providing for a modification of
support payment of an arrearage or reimbursement of support.
(5) 'Income' means any periodic form of payment to an
individual regardless of source including, but not limited to, wages,
salary, commission, bonuses, compensation as an
independent contractor, workers' compensation, disability, annuity
and retirement benefits, payments made pursuant to a retirement
program, interest, and any other payments made by a
person, or an agency or department of the federal, state, or
local government provided the income excludes:
(a) amounts required to by law to be withheld, other than
creditor claims, including, but not limited to, federal, state, and local
taxes, social security and other retirement deductions, and disability
contributions;
(b) amounts exempted by federal law;
(c) public assistance payments.
Any other state or local laws which limit or exempt income or the
amount or percentage of income that can be withheld do not apply.
(B)(1) For all Title IV-D cases in which support
orders are issued or modified after October 31, 1990, and for all
nontitle IV-D cases in which support orders are issued or modified
after January 3, 1994, the income of an obligor is subject to
immediate withholding as of the effective date of the order without
the requirement that an arrearage accumulate. However, income is
not subject to withholding if:
(a) one of the parties demonstrates and the court finds that
there is good cause not to require immediate income withholding; or
(b) a written agreement is reached between both parties which
provides for an alternative arrangement.
(2) (1) All orders for support entered or
modified on or after October 1, 1985, must contain the obligor's
social security number and a provision for income withholding
procedures to take effect in the event a delinquency occurs.
All orders for support entered or modified in the State before
October 1, 1996, if not otherwise subject to wage withholding, are
subject to withholding if a delinquency occurs without the need for
a judicial or administrative hearing. These orders must be
construed to contain this withholding provision even if the provision
has been omitted from the written order; provided
however, the court may order withholding to begin
immediately for good cause shown. The court is required to make
specified written findings to support immediate withholding.
(3) (2) Income withholding must be initiated in
all Title IV-D cases the earliest of:
(a) the date on which a payment which the obligor has
failed to make under a support order constitutes a delinquency as
defined in subsection (A)(2);
(b) the date the obligor requests initiation of
withholding;
(c) the date the obligee requests initiation of
withholding upon the request of the obligee without the
necessity of a delinquency, if the State approves the request in
accordance with the procedures and standards as it may establish.
If income withholding is initiated pursuant to the accumulation of
a delinquency, the obligor must be afforded the notice and hearing
required by this section. If the obligee requests income
withholding pursuant to this subsection, notice of the request must be
provided to the obligor by the clerk of court, and if the obligor
objects to the income withholding within ten days after the
postmarked date of the notice, a hearing must be held, and the family
court shall subject the obligor's wages income to
withholding unless the court finds that there is good cause not to
require immediate income withholding. Where there is no objection
by the obligor after proper notice, the clerk of court shall implement
immediate income withholding.
(C)(1) In the case of each obligor against whom an order
for support has been issued or modified before October 1, 1985, the
order is presumed to contain a provision for income withholding
procedures to take effect in the event a delinquency occurs without
further amendment to the order or further action by the court.
(1) (2) An obligor may petition the court at any
time prior to the occurrence of a delinquency seeking an order for
income withholding procedures to begin immediately.
(2) (3) Where the obligor makes payments
directly to the obligee pursuant to an order for support and where
income withholding procedures take effect, the provisions to pay
directly are superseded by the withholding process and the obligor
and the payor on behalf of the obligor during the period of
withholding must pay this support through the court.
(4) For all Title IV-D cases in which support orders are issued
or modified after October 31, 1990, and for all non-title IV-D cases
in which support orders are issued or modified after January 3, 1994,
the income of an obligor is subject to immediate withholding as of
the effective date of the order without the requirement that an
arrearage accumulate. However, wages are not subject to withholding
in a case in which:
(a) one of the parties demonstrates and the court finds
that there is good cause not to require immediate income
withholding; or
(b) a written agreement is reached between both
parties which provides for an alternative arrangement."
SECTION 33. Section 20-7-1315(L)(6) of the 1976 Code, as added
by Act 102 of 1995, is amended to read:
"(6) For each employee reported under the Employer New Hire
Reporting program, the Child Support Enforcement Division shall
retain the information only if the division is responsible for
establishing, enforcing, or collecting a support obligation of the
employee. If the division is not responsible for establishing,
enforcing, or collecting a support obligation of the employee, the
division must not create a record regarding the employee and the
information provided by the employer must be destroyed promptly.
Information received by the South Carolina Employment
Security Commission received from employers which
includes information contained in the reports provided for in this
section shall transmit this information to the Department of Social
Services within fifteen working days after the end of each quarter."
Part VI
Administrative Change of Payee
SECTION 34. The 1976 Code is amended by adding:
"Section 20-7-9570. In cases in which support is subject to an
assignment or a requirement to pay through any state disbursement
unit which may be established, the division or its designee may direct
the obligor or the payor to change the payee to the appropriate
government entity. The division shall provide written notification of
this change to the obligor and the obligee not less than ten days
before the effective date of the change."
SECTION 35. Section 20-7-9505 of the 1976 Code, as last amended
by Act 452 of 1996, is further amended to read:
"Section 20-7-9505. Notwithstanding Section 20-7-420 and any
other provision of law, the Child Support Enforcement Division of
the Department of Social Services, or its designee,
also has jurisdiction to establish paternity and, to
establish and enforce child support, and to
administratively change the payee in cases brought pursuant to
Title IV-D of the Social Security Act in accordance with this article."
SECTION 36. Section 20-7-9510(13) of the 1976 Code, as added
by Act 102 of 1995, is amended to read:
"(13) 'Payee' means a custodial parent on whose behalf child
support payments are being collected or an agency or its designee in
this or another state to which an assignment of rights to child support
has been made.
(14) 'Receipt of notice' means either the date on which
service of process of a notice of financial responsibility is actually
accomplished or the date on the return receipt if service is by certified
mail, both in accordance with one of the methods of service specified
in Section 20-7-9520."
Part VII
Collection and Disbursement of Fines
SECTION 37. The 1976 Code is amended by adding:
"Section 20-7-856. Fines collected pursuant to Sections
20-7-9575, 43-5-595(C), and 43-5-598(G) must be distributed as
follows:
(A) The Department of Social Services shall pay to the federal
government the federal share of the amount collected;
(B) The Department of Social Services shall use the state share of
the amount collected pursuant to subsection (A) in the administration
of the child support enforcement program."
Part VIII
Administrative Subpoena
SECTION 38. The 1976 Code is amended by adding:
"Section 20-7-9575. When necessary in the discharge of the duties
of the department, the department may issue an administrative
subpoena or subpoena duces tecum to a state, county, or local agency,
board or commission, or to any private entity or individual or to any
representative of a state, county, or local agency, board or
commission, or private entity to compel the production of documents,
books, papers, correspondence, memoranda, and other records
relevant to the discharge of the department's duties. The department
may assess a civil fine of one hundred dollars per occurrence for
failure to obey a subpoena or subpoena duces tecum issued pursuant
to this section, in addition to any other remedies as permitted by law.
A subpoena or subpoena duces tecum issued under this section may
be enforced pursuant to Section 20-7-420."
SECTION 39. Section 20-7-420 of the 1976 Code, as last amended
by Act 446 of 1996, is amended by adding at the end:
"(43) To enforce an administrative subpoena or subpoena
duces tecum issued by the Department of Social Services pursuant to
Section 20-7-9580 and to enforce fines assessed by the Department
pursuant to Sections 20-7-9575, 43-5-595(C), and 43-5-598(G)."
Part IX
Fraudulent Transfers
SECTION 40. Section 27-23-10 of the 1976 Code is amended to
read:
"Section 27-23-10. (A) Every feoffment, gift,
grant, alienation, bargain, transfer, and conveyance
of lands, tenements, or hereditaments, goods and chattels, or
any of them, or of any lease, rent, commons, or other profit
or charge out of the same, by writing or otherwise, and every bond,
suit, judgment, and execution which may be had or made to
or for any intent or purpose to delay, hinder, or defraud
creditors and others of their just and lawful actions, suits, debts,
accounts, damages, penalties, and forfeitures shall
must be deemed and taken (only as against that person or
persons, his or their heirs, successors, executors, administrators and
assigns, and every one of them, whose actions, suits,
debts, accounts, damages, penalties, and forfeitures by
such guileful, covinous, or fraudulent devices and
practices, as is aforesaid, are, shall must, or
might be in any ways disturbed, hindered, delayed, or
defrauded) to be clearly and utterly void, frustrate and of no effect,
any pretense, color, feigned consideration, expressing of use, or any
other matter or thing to the contrary notwithstanding.
(B) A showing of two or more of the following creates a
rebuttable presumption that a child support debtor intended to
transfer income or property to avoid payment to a child support
creditor:
(1) a close relationship between the transferor and transferee;
(2) the debtor retained possession or control of the property
transferred after the transfer;
(3) the transfer or obligation was not disclosed or was
concealed;
(4) before the transfer was made or obligation was incurred, the
debtor had been sued or threatened with suit;
(5) the transfer was substantially all of the debtor's assets;
(6) the debtor absconded;
(7) the debtor removed or concealed assets;
(8) the value of the consideration received by the debtor was not
reasonably equivalent to the value of the asset transferred or the
amount of the obligation incurred;
(9) the debtor was insolvent or became insolvent shortly after
the transfer was made or the obligation was incurred;
(10) the transfer occurred shortly before or after a substantial
debt was incurred; and
(11) there was a departure from the usual method of
business."
Part X
Information to be Submitted to the Department from Employers,
State and Local Agencies, Financial Institutions, and Utility
Companies
SECTION 41. The 1976 Code is amended by adding:
"Section 43-5-595. (A) Pursuant to Section 43-5-590(d), the
department shall attempt to locate individuals for the purposes of
establishing paternity or establishing, modifying, or enforcing a child
support obligation. Notwithstanding any other provision of law
making this information confidential, the following entities in the
State shall provide promptly to the department, its designee, or a
federally-approved child support agency of another state, the
following information, upon request by the department or other
agency for the purpose of establishing paternity or establishing,
modifying, or enforcing a support obligation:
(1) All entities in the State including, but not limited to,
for-profit, nonprofit and governmental employers, and labor
organizations shall provide the full name, social security number,
date of birth, home address, wages or salary, existing or available
medical, hospital, and dental insurance coverage, and number of
dependents listed for tax purposes on all employees, contractors, and
members of labor organizations.
(2) All utility companies, including wire and nonwire
telecommunication companies, cable television companies, and
financial institutions shall provide the full name, social security
number, date of birth, home address, telephone number, account
numbers, and other identifying data, including information on assets
and liabilities, on all persons who maintain an account with that
entity. For purposes of this item, a financial institution is defined as
a federal, state, commercial, or savings bank, savings and loan
association, cooperative bank, federal, or state chartered credit union,
benefit association, insurance company, safe deposit company,
money market mutual fund, or investment company doing business
in this State.
(3) A state or local agency of this State shall provide access to
information contained in:
(a) vital statistics;
(b) state and local tax and revenue records;
(c) records concerning real and titled personal property;
(d) records of occupational and professional licenses;
(e) records concerning the ownership and control of
corporations, partnerships, and other business entities;
(f) employment security records;
(g) records of motor vehicle departments; and
(h) corrections records.
A state or local agency, board, or commission providing this
information to the department may charge the department a fee that
does not exceed the costs of providing the information.
(B) An entity that provides information pursuant to this section in
good faith reliance upon certification by the department that the
information is needed to establish paternity or to establish, modify,
or enforce a support obligation is not liable for damages resulting
from the disclosure.
(C) An entity that fails to provide the requested information within
thirty days of the request may be subject to a civil penalty of $100.00
for each occurrence. Fines imposed pursuant to this subsection must
be enforced as provided for in Section 20-7-420(43) and distributed
according to Section 20-7-856.
Section 43-5-596. (A) In the manner and form prescribed by
the Child Support Enforcement Division, a financial institution, as
defined in Section 43-5-595(A)(2), on a quarterly basis, shall provide
the division or its designee information on account holders for use in
the establishment, enforcement, and collection of child support
obligations including, but not limited to:
(1) full name;
(2) social security number or taxpayer identification number;
(3) record address;
(4) account number(s); and
(5) information on assets and liabilities.
(B) Utilizing automated data exchanges to the maximum extent
feasible, a financial institution shall provide for each calendar quarter
the name, address, social security number, and other identifying
information for each noncustodial parent who maintains an account
at the institution and who owes past-due support, as identified by the
division by name and social security number.
(C) In response to a notice of lien or levy, a financial institution
shall encumber or surrender, as the case may be, assets held by the
institution on behalf of a noncustodial parent who is subject to a child
support lien.
(D) The department may pay a reasonable fee to a financial
institution for conducting the data match, not to exceed the actual
costs incurred by the financial institution.
(E) This section remains in effect until the federal mandate
requiring the operation of a financial institution data match is
repealed.
Section 43-5-597. (A) Notwithstanding any other provision
of federal or state law, a financial institution, as defined in Section
43-5-595(A)(2), is not liable to a person for disclosure of information
to the Department of Social Services, or its designee, under Section
43-5-596 for encumbering or surrendering any deposits, credits, or
other personal property in response to a notice of lien or levy by the
department, or its designee, or for any other action taken in good faith
to comply with the requirements under Sections 43-5-595 and
43-5-596.
(B) Upon obtaining a financial record of an individual from a
financial institution pursuant to Sections 43-5-595 and 43-5-596, the
department, or its designee, may disclose the financial record only for
the purpose of, and to the extent necessary in, establishing,
modifying, or enforcing a child support obligation of the individual.
(C) If a person knowingly, or by reason of negligence, discloses a
financial record of an individual in violation of subsection (B), the
individual may bring a civil action for damages against that person
in a district court of the United States.
(D) No liability arises under this subsection with respect to any
disclosure which results from a good faith but erroneous
interpretation of subsection (B).
(E) In an action brought under subsection (C), upon a finding of
liability on the part of the defendant, the defendant is liable to the
plaintiff in an amount equal to the sum of:
(1) the greater of:
(a) $1000.00 for each act of unauthorized disclosure of a
financial record with respect to which the defendant is found liable;
or
(b) the sum of:
(i) the actual damages sustained by the plaintiff as a result
of the unauthorized disclosure; and
(ii) in the case of a wilful disclosure or a disclosure which
is the result of gross negligence, punitive damages; and
(2) the costs, including attorney fees, of the action."
SECTION 42. Section 41-29-170 of the 1976 Code, as last amended
by Act 98 of 1995, is further amended to read:
"Section 41-29-170. (1)(A) Any
A claimant or his a claimant's legal
representative shall must be supplied with
information from the records, to the extent necessary for the proper
presentation of his the claim in any proceeding under
Chapters 27 through 41 of this Title subject to such
restrictions as the commission may by regulation
prescribe. such This information may be
made available to any agency of this or any other state or any federal
agency charged with the administration of a public assistance or
state or national new hire directory or an unemployment
compensation law or the maintenance of a system of public
employment offices, and information obtained in connection
with applications for placements may be made available to persons
or agencies for purposes appropriate to the operation of a public
employment service. Upon request therefor the commission
shall furnish to any an agency of the United States
charged with the administration of public works or assistance through
public employment and may furnish to any a state
agency similarly charged the name, address, ordinary occupation and
employment status of each recipient of benefits and such
the recipient's rights to further benefits under Chapters 27
through 41 of this Title.
(2)(B) The State Employment Office shall furnish,
upon request of any a public agency administering
the aid to families with dependent children (AFDC)
temporary assistance to needy families (TANF) and child
support programs, a state agency administering food stamp
coupons, the state or federal agency administering the new hire
directory, or any public housing authority, any information in its
possession relating to:
(a)(1) individuals who are receiving, have
received, or have applied for unemployment insurance;
(b)(2) the amount of benefits being received;
(c)(3) the current home address of such
these individuals;
(d)(4) whether any offer of work has been
refused and, if so, a description of the job and the terms, conditions,
and rate of pay therefor; and
(e)(5) in the case of requests from a public
housing authority, a listing of the current employer and previous
employers for the available preceding six calendar
quarters.;
(6) in the case of requests from the state or federal
agency which issues food stamp coupons or the new hire directory,
a listing of the current employer and address and any previous
employers and their addresses, including wage information, for the
available preceding six calendar quarters.
The requesting agency is responsible for reimbursing the South
Carolina Employment Security Commission for actual costs incurred
in supplying such the information. This information
must be provided in the most useful and economical format possible.
SECTION 43. Section 43-5-590(d) of the 1976 Code, as last
amended by Act 576 of 1990, is further amended to read:
"(d) The department shall create a single and separate
organizational unit which is responsible for developing and
implementing a federally-approved state plan for child support. The
unit shall maintain a parent locator service to locate absent relatives
owing or allegedly owing child support, utilizing all sources
of information and legally available records and the parent locator
service of the Federal Department of Health and Human Services by
filing in accordance with Section 453(B) of the social security
Social Security Act. A state or local agency or private employer
of this State upon request of the Department of Social Services, shall
provide the department with information regarding the name, address,
and social security number of a person owing or allegedly owing an
obligation of support for a dependent child. A state or local agency,
board, or commission providing this information to the department
may not charge the department a fee for the provision of this
information. This provision does not apply to information or for vital
records furnished by agencies under federal mandate to be
reimbursed for information provided to the federal or state agency.
The department upon receipt of this information may make it
available only to the appropriate officials or agencies of this or any
other state operating a program pursuant to Title IV-D of the federal
Social Security Act."
Part XI
New Hire Reporting
SECTION 44. The 1976 Code is amended by adding:
"Section 43-5-598. (A) As used in this section:
(1) 'Business day' means a day on which state offices are open
for regular business.
(2) 'Date of Hire' means the first day the employee works for
which the employee is entitled to compensation from the payor of
income.
(3) 'Department' means the Department of Social Services, or
its designee.
(4) 'Employer' includes a government entity and labor
organization and means a person doing business in this State for
whom an individual performs a service, of whatever nature, as the
employee of the person and except that:
(a) if the person for whom the individual performs services
does not have control of the payment of wages for the services, the
term 'employer' means the person having control of the payment of
wages; and
(b) in the case of a person paying wages on behalf of a
nonresident alien, individual, foreign partnership, or foreign
corporation, not engaged in trade or business within the United
States, the term 'employer' means that person. 'Department' means
the Department of Social Services or its designee.
(5) 'Labor organization' means an organization in which
employees participate and which exists for the purpose, in whole or
in part, of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or conditions of
work. Hiring halls, which refer individuals for jobs with employers,
are 'labor organizations' to the extent that they exist pursuant to an
agreement with an employer engaged primarily in the building and
construction industry under Section 8(f)(3) of the National Labor
Relations Act.
(6) 'New hire' includes an individual newly employed or an
individual who has been rehired or has returned to work after being
laid off, furloughed, separated, granted leave without pay, or
terminated from employment.
(B) By October 1, 1998, the department shall establish a state
directory of new hires which shall contain information supplied in
accordance with subsection (C) by employers on each new hire.
(C) Beginning October 1, 1998, an employer who hires an
employee who resides or works in this State shall report the hiring of
the employee to the state directory of new hires within twenty
calendar days of the hiring of the employee. However, in the case
of an employer transmitting reports magnetically or electronically,
these reports must be transmitted semi-monthly, if necessary, not less
than twelve nor more than sixteen days apart. The report submitted
shall contain:
(1) the employer's name, address, and federal identification
number assigned to the employer under section 6109 of the Internal
Revenue Code of 1986; and
(2) the employee's name, address, and social security number.
(D) For purposes of this section, an employer must not report
information on an employee of a federal or state agency performing
intelligence or counterintelligence functions if the head of the agency
has determined that reporting pursuant to this section with respect to
the employee could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission.
(E) An employer that has employees who are employed in two or
more states and that transmits reports magnetically or electronically
may comply with subsection (C) by designating one state in which
the employer has employees to which the employer will transmit the
report required by subsection (C) and transmitting the report to that
state. An employer that transmits reports pursuant to this subsection
shall notify the Secretary of the United States Department of Health
and Human Services in writing as to which state the employer
designates for the purpose of sending reports.
(F) Each report required by subsection (C) must be made on a W-4
form or, at the option of the employer, an equivalent form and may
be transmitted by first-class mail, facsimile, magnetically, or
electronically. Magnetic and electronic submissions must be in a
format prescribed by the department.
(G) If an employer fails to report the hiring of an employee
pursuant to this section, the employer is subject to a civil penalty of
no more than:
(1) twenty-five dollars for the second offense and every offense
thereafter; or
(2) five hundred dollars for each and every offense, if the failure
is the result of a conspiracy between the employer and the employee
not to supply the required report or to supply a false or incomplete
report. Fines imposed pursuant to this subsection must be enforced
as provided for in Section 20-7-420(43) and distributed according to
Section 20-7-856.
(H) Information must be entered into the data base maintained by
the state directory of new hires within five business days of receipt
from an employer pursuant to subsection (C).
(I) No later than May 1, 1998, the department shall conduct
automated comparisons of the social security numbers reported by
employers pursuant to subsection (C) and the social security numbers
appearing in the records of the State Case Registry created pursuant
to Section 43-5-610 for cases being enforced under the
federally-approved child support program administered by the
department.
(J) When an information comparison conducted under paragraph
(I) reveals a match with respect to the social security number of an
individual in the records of the State Case Registry, the state
directory of new hires shall provide the department with the
information reported by the employer pursuant to subsection (C).
(K) Within two business days after the date information regarding
a newly hired employee is entered into the state directory of new
hires, the department shall transmit a notice to the employer of the
employee directing the employer to withhold from the income of the
employee an amount equal to the monthly, or other periodic, child
support obligation, including any past-due child support obligation,
of the employee, unless the employee's income is not subject to
withholding pursuant to Section 20-7-1315.
(L) Within three business days after the date information regarding
a newly hired employee is entered into the state directory of new
hires, the state directory of new hires shall furnish the information to
the national directory of new hires.
(M) The state directory of new hires shall include reports received
from the Employment Security Commission pursuant to Section
43-5-620. The state directory of new hires shall furnish these reports,
on a quarterly basis, to the national directory of new hires by the
dates, in the format, and containing the information the Secretary of
the United States Department of Health and Human Services
specifies in regulations.
(N) Information maintained in the state directory of new hires and
national directory of new hires may be utilized for these purposes:
(1) The department shall use information received pursuant to
subsection (I) to locate individuals for purposes of establishing
paternity and establishing, modifying, and enforcing child support
obligations and may disclose this information to a public or private
agency that is under contract with the department to carry out these
purposes.
(2) The department shall have access to information
reported by employers pursuant to subsection (C) for purposes of
verifying eligibility for these state administered programs:
(a) Temporary Assistance for Needy Families;
(b) Medicaid under Title XIX of the Social Security Act;
(c) food stamps;
(d) unemployment compensation benefits; and
(e) any state program under a plan approved under Title I, X,
XIV, or XVI of the Social Security Act.
(3) The Employment Security Commission shall have access
to information reported by employers pursuant to subsection (C) for
purposes of administering the employment security program.
(4) The Workers' Compensation Commission or its designee
shall have access to information reported by employers pursuant to
subsection (C) for purposes of administering the workers'
compensation program.
(O) This section remains in effect until the federal mandate
requiring a mandatory new hire reporting program is repealed."
Part XII
State Case Registry
SECTION 45. Section 43-5-610 of the 1976 Code is amended
to read:
"Section 43-5-610. (a)(A) A central
State Case Registry of records must be maintained
in the department showing, as far as it is known, with respect to
any parent who has deserted or abandoned any child receiving Aid to
Families with Dependent Children:
(1) the full and true name of the parent, together with any
known alias;
(2) date and place of birth;
(3) physical description;
(4) social security number;
(5) occupation and any special skills that he may have;
(6) military status and Veteran's Administration or
military service serial number;
(7) last known address and the date of the address;
(8) the number of the driver's license;
(9) any further information that may be of assistance in
locating the person.
that contains records with respect to:
(1) each case in which services are being provided by the
department pursuant to Title IV-D of the Social Security Act; and
(2) each support order established or modified in the State after
September 30, 1998.
(B) These records shall include standardized data elements for
both parents or guardian including names, social security numbers
and other uniform identification numbers, dates of birth, and case
identification numbers, and contain other information as state and
federal regulations may require.
(b) To effectuate the purposes of this section, the
department may request and shall receive for all departments,
bureaus, commissions, boards, or other agencies of South Carolina,
or any of its political subdivisions, and the same are authorized to
provide, assistance and data as will enable the department and other
public agencies to carry out their duties to locate absent parents for
the support of their children.
(c)(C) Any records established
maintained pursuant to the provisions of this section
are available only to the Child Support Enforcement Division of
the Department of Social Services, public welfare offices,
county attorneys, solicitors, probation departments, central
registries in other states, the Federal Parent Locator Service,
offices of the clerks of court, and courts having jurisdiction in
support or abandonment proceedings or actions and only for the
purposes for which the records have been established
maintained.
(D) This section remains in effect until the federal mandate
requiring a state case registry is repealed."
Part XIII
Repeal
SECTION 46. Section 43-5-222 of the 1976 Code is repealed.
Part XIV
Time Effective
SECTION 47. This act takes effect upon approval by the Governor.
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