Current Status Introducing Body:House Bill Number:4053 Primary Sponsor:Cromer Committee Number:25 Type of Legislation:GB Subject:Economic Security for Children Act Residing Body:House Current Committee:Judiciary Computer Document Number:BBM/10525AC.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cromer Cobb-Hunter Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4053 House 19930414 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE ECONOMIC SECURITY FOR CHILDREN ACT BY ADDING SECTION 14-17-380, SO AS TO REQUIRE THE COUNTY CLERKS OF COURT TO PROVIDE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION REPORTS OF PERSONS WHO ARE IN ARREARS IN CHILD SUPPORT PAYMENTS FOR THE PURPOSE OF SUSPENDING AND REVOKING THE PERSON'S DRIVER'S LICENSE AND VEHICLE REGISTRATION; BY ADDING SECTION 20-7-95, SO AS TO PROVIDE THAT NO PROVISION OF AN AGREEMENT IS ENFORCEABLE THAT UNREASONABLY LIMITS A PARENT'S PRESENT OR FUTURE OBLIGATION TO SUPPORT THEIR CHILD; BY ADDING SECTION 38-59-60, SO AS TO REQUIRE THAT BEFORE AN INSURANCE COMPANY MAY PAY A CLAIM, OTHER THAN HEALTH, THE COMPANY SHALL DETERMINE FROM INFORMATION FROM THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES WHETHER THE CLAIMANT OWES PAST DUE CHILD SUPPORT AND IF SO TO PAY THE PAST DUE AMOUNT TO THE DEPARTMENT FOR DISBURSEMENT; BY ADDING SECTION 43-5-69, SO AS TO REQUIRE AGENCIES AND OFFICES OF STATE, COUNTY, AND MUNICIPAL GOVERNMENT THAT ISSUE LICENSES TO ENGAGE IN PROFESSIONS, TRADES, OR BUSINESSES TO PROVIDE LICENSEE INFORMATION TO THE STATE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING AND ENFORCING CHILD SUPPORT OBLIGATIONS; TO REQUIRE THESE AGENCIES AND OFFICES AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD TO SUSPEND THE LICENSE OF A PERSON WHO IS IN AT LEAST TWO MONTHS' ARREARS IN CHILD SUPPORT PAYMENTS; TO PROVIDE REQUIREMENTS FOR REINSTATEMENT; AND TO PROVIDE FOR APPEALS; BY ADDING SECTION 56-1-295, SO AS TO PROVIDE PROCEDURES UNDER WHICH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY SUSPEND OR REVOKE A PERSON'S DRIVER'S LICENSE AND VEHICLE REGISTRATION FOR FAILURE TO PAY CHILD SUPPORT; BY AMENDING SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF PUBLIC RECORDS BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO PROVIDE THAT COPIES OF TAXPAYER RETURNS MAY BE PROVIDED TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES FOR LOCATING OBLIGORS AND EVALUATING THEIR ABILITY TO PAY CHILD SUPPORT; BY AMENDING SECTION 20-7-90 RELATING TO THE OBLIGATION TO PAY CHILD SUPPORT, SO AS TO MAKE FAILURE TO PAY A FELONY; AND TO AMEND SECTION 16-1-10 RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSE IN THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the Economic Security for Children Act.
SECTION 2. The 1976 Code is amended by adding:
"Section 14-17-380. The county clerks of court shall provide the South Carolina Department of Highways and Public Transportation with a bimonthly report of those persons who have failed to pay court-ordered child support in an amount equal to two month's child support for the purpose of the Department of Highways and Public Transportation suspending or revoking the person's driver's license and motor vehicle registration pursuant to Section 56-1-295."
SECTION 3. The 1976 Code is amended by adding:
"Section 20-7-95. No provision of a separation or other agreement that seeks to unreasonably limit a parent's present or future obligation to support their child is valid or enforceable."
SECTION 4. The 1976 Code is amended by adding:
"Section 38-59-60. Before making any payment to a claimant under a contract of insurance, other than health insurance, a company authorized to issue policies of insurance in this State shall obtain from the South Carolina Department of Social Services, Office of Child Support Enforcement, information indicating whether the claimant owes past-due child support. If the claimant owes past-due child support, the company shall withhold from the payment the amount of past-due support and provide that amount to the Department of Social Services for disbursement to the obligee or as provided by law."
SECTION 5. The 1976 Code is amended by adding:
"Section 43-5-69. (A) For the purposes of establishing and enforcing child support obligations on behalf of recipients of Aid to Families with Dependent Children or recipients of Title IV-D child support services, the State Department of Social Services may request and must be provided information, as established in regulation, from any state agency, board, or commission or any office or agency of a county or municipality which issues licenses or other certificates of authority permitting a person to engage in or conduct a profession, trade, or business.
(B) At such times and for such time periods as the Department of Social Services shall establish in regulation, but no more than once every three months, every state agency, board, or commission or an office or agency of a county or municipality that issues licenses or other certificates of authority permitting persons to engage in or conduct a profession, trade, or business must provide the Department of Social Services, in the form prescribed by the department in regulation, a list of all persons to whom a license or other certificate of authority was issued or renewed. The list must include the name, address, and social security or federal identification number of the licensee or holder of the certificate of authority and other information as may be provided for in regulation.
(C) If the Department of Social Services determines that a licensee or a holder of a certificate of authority permitting a person to engage in or conduct a profession, trade, or business is delinquent in making court-ordered child support payments in an amount equal to at least two months' support obligation, the department shall notify in writing the person and the licensing authority or entity issuing the certificate of authority of this arrearage and of the department's request to have the person's license or certificate of authority revoked or suspended.
(D) Upon receiving this notice the licensing authority or entity issuing the certificate of authority shall comply with its applicable notice and hearing requirements for revocation or suspension of a license or certificate of authority. If in conducting a hearing the licensing authority or entity issuing the certificate of authority finds that the person is delinquent in making court-ordered child support payments in an amount equal to at least two months' support obligation, the licensing authority or entity issuing the certificate of authority shall revoke or suspend the person's license or certificate of authority until the reinstatement or reissuance requirements of subsection (G) are met.
(E) For the purpose of the license revocation or suspension hearing, the written representation of the department, verified by the clerk of court of the county in which the support payments are ordered to be paid, is prima facie evidence that the person is delinquent in making the child support payments in the amount stated.
(F) The Department of Social Services has the right to intervene in any license revocation or suspension hearing conducted pursuant to this section.
(G) A license or certificate of authority suspended or revoked under this section may not be reinstated or reissued until the Department of Social Services provides the licensing authority or entity issuing the certificate of authority a statement, verified by the clerk of court of the county in which the support payments are ordered to be paid, that the delinquency in child support payments has been paid and that there is no current delinquency.
(H) An appeal from the decision of a licensing authority or entity issuing a certificate of authority under this section may be taken as any other decision of the authority or entity."
SECTION 6. The 1976 code is amended by adding:
"Section 56-1-295. If the department receives notice pursuant to Section 14-17-380 from a county clerk of court that a person licensed to operate a motor vehicle under this chapter has failed to pay court-ordered child support and is in arrears in an amount equal to two months' child support, the department shall, without a prior hearing, suspend the person's driver's license and the registration of any motor vehicle owned by the person. The department may reinstate the driver's license and allow registration of a motor vehicle only if the clerk of court provides to the department a written notice stating that the person is no longer in arrears in child support payments and is in compliance with a judgment or order for child support. If, after the driver's license of the person is reinstated and registration of a motor vehicle is allowed, the person fails to pay court-ordered child support in an amount equal to two months' child support, the clerk of court shall notify the department of the failure to pay. The department shall, upon receipt of the notice and without a prior hearing, revoke the driver's license and the motor vehicle registration of the person. Notices given pursuant to this section may be made in any form, including electronic transmission. An individual aggrieved by a decision of the department may appeal pursuant to the provisions of this chapter. If during the appeal, the individual demonstrates that no child support arrearage exists or that the person is not the person owing the arrearage, the reinstatement of the driver's license and the motor vehicle registration of the individual may be granted. A driver's license and a motor vehicle registration may not be reinstated on any other grounds."
SECTION 7. Section 12-54-240(B)(4) of the 1976 Code, as added by Act 658 of 1988, is amended to read:
"(4) transfer of funds and the submission of taxpayer home addresses and corrected social security numbers and copies of taxpayer returns to the Department of Social Services, Office of Child Support Enforcement Division in accordance with Section 12-54-430(D) , upon request for the purpose of assisting the department in identifying and locating obligors and to evaluate their ability to pay child support."
SECTION 8. Section 20-7-90 of the 1976 Code is amended to read:
"Section 20-7-90. (A) Any An able-bodied person capable of earning a livelihood who shall, without just cause or excuse, abandon or fail abandons or fails to provide reasonable support to his or her spouse or to his or her minor unmarried legitimate or illegitimate child dependent upon him or her shall be deemed is guilty of a misdemeanor felony and, upon conviction, shall must be imprisoned for a term of not exceeding not more than one year or be fined not less than three hundred dollars nor and not more than one thousand five hundred dollars, or both, in the discretion of the circuit court. A husband or wife abandoned by his or her spouse is not liable for the support of the abandoning spouse until such the abandoning spouse offers to return unless the misconduct of the husband or wife justified the abandonment. If a fine be is imposed the circuit court may, in its discretion, may order that a portion of the fine be paid to a proper and suitable person or agency for the maintenance and support of the defendant's spouse or minor unmarried legitimate or illegitimate child. As used in this section `reasonable support' means an amount of financial assistance which, when combined with the support the member is reasonably capable of providing for himself or herself, will provide a living standard for the member substantially equal to that of the person owing the duty to support. It includes both usual and unusual necessities.
(B) Any A person who fails to receive the support required by this section may petition to a circuit court of competent jurisdiction for a rule to show cause why the obligated person should not be required to provide such the support and after proper service and hearing the circuit court shall in all appropriate cases shall order such the support to be paid. Any such A petition shall specify the amount of support required. Compliance with the circuit court order shall bar prosecution under the provisions of subsection (A) of this section."
SECTION 9. The crime provided for in Section 20-7-90 of the 1976 Code, as contained in Section 8 of this act, is added to the list of crimes classified as felonies in Section 16-1-10.
SECTION 10. This act takes effect upon approval by the Governor.