Current Status Bill Number:3119 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Shissias All Sponsors:Shissias, Cromer, Allison, Elliott, S. Whipper, Gamble, Stuart, Phillips and Spearman Drafted Document Number:PFM\7057AC.95 Companion Bill Number:3072, 3114, 3163 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Child support enforcement
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 25 HJ
referred to Committee
House 19941214 Prefiled, referred to Committee 25 HJ
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-936 SO AS TO REQUIRE EMPLOYERS TO PROVIDE EMPLOYEE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR USE IN ESTABLISHING, ENFORCING, AND COLLECTING CHILD SUPPORT AND TO PROVIDE EXCEPTIONS AND PROCEDURES FOR SUBMITTING AND RETAINING THIS INFORMATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-936. (A) An employer doing business in this State shall report to the Division of Child Support Enforcement, Department of Social Services:
(1) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; and
(2) the hiring, rehiring, or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(B) An employer is not required to report the hiring of a person who:
(1) will be employed sporadically so that the employee will be paid for fewer than three hundred fifty hours during a continuous six-month period;
(2) will have gross earnings of less than three hundred dollars in every month; or
(3) will be employed temporarily for a period of one month or less.
(C) An employer may report by mailing a copy of the employee's W-4 form or by any other means authorized by the Division of Child Support Enforcement which will result in timely reporting. An employer shall submit reports within five days of the hiring, rehiring, or return to work of the employee. The report shall contain:
(1) the employee's name, address, social security number, date of birth, and date of hire; and
(2) the employer's name, address, and any applicable identifying number.
(D) An employer who fails to report as required under this section is subject to a civil fine of two hundred fifty dollars.
(E) The Division of Child Support Enforcement shall retain the information for a particular employee only if the office is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe an obligation or debt, the office may not create a record regarding the employee and promptly shall destroy the information contained in the report.
(F) The Department of Social Services may promulgate regulations to establish additional exemptions from this section if needed to reduce unnecessary or burdensome reporting."
SECTION 2. This act takes effect October 1, 1995.