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| (1) educational expenses for the child or children or the spouse, to include those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or related costs;
(2) equitable distribution of property;
(3) consumer debts;
(4) families with more than six children;
(5) unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent;
(6) mandatory deduction of retirement pensions and union fees;
(7) support obligations for other dependents living with the noncustodial parent or non-court ordered child support from another relationship;
(8) child-related unreimbursed extraordinary medical expenses;
(9) monthly fixed payments imposed by a court or operation of law;
(10) significant available income of the child or children;
(11) substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income, thus making it financially impracticable to pay what the guidelines indicate the noncustodial parent should pay;
(12) alimony. Because of their unique nature, lumpsum, rehabilitative,
reimbursement, or any other alimony that the court may award, may be considered
by the court as a possible reason for deviation from these guidelines;
(13) agreements reached between parties. The court may deviate from
the guidelines based on an agreement between the parties if both parties are
represented by counsel or if, upon a thorough examination of any party not
represented by counsel, the court determines the party fully understands the
agreement as to child support. The court still has the discretion and the
independent duty to determine if the amount is reasonable and in the best
interest of the child or children.
(C) (D) Pursuant to Section 43-5-580(b), the department shall
promulgate regulations which include addressing establish child
support guidelines as a rebuttable presumption. The department shall
review these regulations at least once every four years to insure
ensure that their application results in appropriate child support award
amounts."
"(L) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division. The following provisions apply to the Employer New Hire Reporting program:
(1) An employer doing business in this State may participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division:
(a) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or
(b) the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(2) The Employer New Hire Reporting program applies to a person who is expected to:
(a) be employed for more than one month's duration;
(b) be paid for more than three hundred fifty hours during a continuous six-month period; or
(c) have gross earnings of more than three hundred dollars in each month of employment.
(3) An employer who voluntarily reports under item (1) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain:
(a) the employee's name, address, social security number, date of birth, and salary information; and
(b) the employer's name, address, and employer identification number.
(4) Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division by:
(a) sending a copy of the new employee's W-4 form;
(b) completing a form supplied by the Child Support Enforcement Division; or
(c) any other means authorized by the Child Support Enforcement Division
for conveying the required information, including electronic transmission or
magnetic tapes in compatible formats.
(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."
SECTION 1. The Department of Social Services, with existing resources and personnel, shall develop simplified AFDC, Medicaid, and food stamp application forms and instructions which are understandable. If necessary, for compliance with federal regulations, the department shall apply to the federal government for waivers.
SECTION 2. The Department of Social Services and the Department of Health and Human Services Finance Commission shall review and, to the extent possible, ensure that federal and state procurement and purchasing regulations do not unnecessarily delay services to AFDC clients and child care and transportation providers to AFDC clients.
SECTION 3. As applicable, all state agencies shall adopt Electronic Data
Interchange Standards as set forth by the Budget and Control Board, Office of
Research and Statistics Information Resource Planning and Management so that
exchanges and sharing of information concerning AFDC clients and revenue sources
are freely available. However, in the exchange and sharing of information all
requirements for confidentiality of information must be maintained. For the
next two years these state agencies shall report to the Budget and Control
Board, Division of Information Resource Technology before January first on the
agency's progress and compliance with this section and its utilization of the
system created as a result of this action.
(1) ensure that existing continuing education and adult education programs are designed to advance AFDC clients in attaining self-sufficiency and that the location, scheduling, and other mechanics of these programs are structured so as to maximize access by AFDC clients;
(2) endorse and promote school-to-work transition programs to link at-risk secondary school students to the workplace and to appropriate work related post-secondary education.
SECTION 5. (A) The Department of Social Services in conjunction with the State Board for Technical and Comprehensive Education shall:
(1) work closely with businesses and industries in South Carolina to design curriculums to produce students with skills needed by these businesses and industries;
(2) develop specially designed curriculums that target and train AFDC clients in keeping with the clients' identified aptitudes, interests, and abilities for occupations identified by the Employment Security Commission as the top growth occupations of the future.
(B) For the next three years the Department of Social Services and the State Board for Technical Education shall report before January first to the Governor and the General Assembly on the projects completed under this section, the number of AFDC families served, and shall evaluate their effectiveness in assisting AFDC families in becoming self-sufficient.
SECTION 6. Section 43-3-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 43-3-40. (A) The director shall select a director for each county department, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county director, to discharge the duties of such office and may select regional directors to oversee the county directors. The salaries of county directors and any regional directors shall be fixed by the director. In fixing the these salaries of the various county directors the director shall consider the individual qualifications of the respective directors and the possibilities of their individual positions. The county director shall be the chief executive officer of the county department and shall perform such duties as are directed by the director, regional director, or as directed by law.
(B) Regional and county directors serve at the pleasure of the Director of the State Department of Social Services."
(1) Part III, Sections 6, 11, 12, and 13;
(2) Part IV, Sections 1, 3, 4, 5, and 6;
(3) Part V, Sections 1, 2, 3, 5, 6, 7, and 8;
(4) Part VI, Section 4.
SECTION 1. On or about August 31, 1996, and every two years thereafter the Legislative Audit Council shall evaluate and report to the General Assembly on the success and effectiveness of the policies and programs created in this act. In conducting this evaluation the council shall identify the number of AFDC families and individuals no longer receiving welfare, the number of individuals who have completed educational, employment, or training programs under this act, the number of individuals who have become employed and the duration of their employment, and other data and information the council considers appropriate in reporting to the General Assembly on the effectiveness of this act.
SECTION 1. If any provision of this act or the application of a provision of this act to a person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision of application, and to this end the provisions of this act are severable.
SECTION 2. Sections 20-70-840 through 20-7-938 of the 1976 Code are designated as Part I, Subarticle 3, Article 9, Chapter 7, Title 20 and named "Child Support Proceedings and Enforcement".
SECTION 3. Notwithstanding the definition of "compliance with an order for support", as contained in Section 20-7-941 of the 1976 Code, as added by Part VI, Section 2 of this act:
(1) From January 1, 1996, to June 30, 1996, "compliance with an order for support" means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to six months' support obligation.
(2) From July 1, 1996, to December 31, 1996, "compliance with an order
for support" means that pursuant to an order for support the person
required to pay under the order is in arrears no more than an amount equal to
four months' support obligation.
Renumber to conform.
Amend title to conform.
/s/Addison "Joe" Wilson/s/Thomas E. Huff
/s/David L. Thomas /s/James L.M. Cromer, Jr.
/s/McKinley Washington /s/William F. Cotty
On Part of the Senate.On Part of the House.
Rep. HUFF explained the report.
Rep. SHEHEEN raised the Point of Order that the Conference Report was out of order in compliance with Rule 5.15 in that it had not been printed.
The SPEAKER sustained the Point of Order.
Rep. HUFF moved to waive Rule 5.14.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J.
Harris, P. Harrison Haskins Herdklotz Hines Howard Huff Hutson Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw Meacham Neal Phillips Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Baxley Hodges McTeer Moody-Lawrence Rogers Sheheen
So, Rule 5.14 was waived.
Rep. HUFF explained the Conference Report.
The SPEAKER granted Rep. McTEER a leave of absence for the remainder of the day.
Rep. HUFF continued speaking.
Debate was resumed on the motion to table the motion that the House resolve itself into a Committee of the Whole.
Rep. CROMER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Boan Brown, H. Brown, J. Cain Carnell Cato Cave Chamblee Clyburn Cooper Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Gamble Harrell Harris, P. Harrison Haskins Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kinon Klauber Koon Lanford Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay Meacham Phillips Rhoad Rice Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Anderson Baxley Beatty Breeland Brown, G. Brown, T. Byrd Canty Cobb-Hunter Cotty Cromer Delleney Govan Hallman Harris, J. Hines Hodges Howard Inabinett Kelley Kennedy Keyserling Kirsh Knotts Law Lloyd McElveen McMahand Moody-Lawrence Neal Neilson Quinn Richardson Rogers Scott Seithel Sheheen Shissias Spearman Thomas Whipper, L. Whipper, S. Wilder Wilkes Williams Worley
So, the motion that the House resolve itself into a Committee of the Whole was tabled.
Rep. TOWNSEND moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., May 31, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the
Committee of Free Conference having been adopted by both Houses ordered that the
title be changed to that of an Act, and the Act enrolled for Ratification:
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION
34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND
REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED
IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140
OF
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