S*532 Session 112 (1997-1998)
S*0532(Rat #0132, Act #0071 of 1997) General Bill, By Martin, Alexander, Moore,
Short, J.V. Smith, Washington and Wilson
Similar(H 3651)
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 ONE THOUSAND DOLLARS; 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, 20-7-1010, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND
20-7-1154, ALL AS AMENDED, 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, TO
REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT, AND TO PROVIDE
FOR THE TRANSMITTAL OF INFORMATION TO THE DEPARTMENT; 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 AND SECTION
43-5-590, BOTH 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.-AMENDED TITLE
03/12/97 Senate Introduced and read first time SJ-7
03/12/97 Senate Referred to Committee on Judiciary SJ-7
04/24/97 Senate Committee report: Favorable with amendment
Judiciary SJ-17
04/29/97 Senate Amended SJ-31
04/29/97 Senate Read second time SJ-31
04/29/97 Senate Ordered to third reading with notice of
amendments SJ-31
04/30/97 Senate Amended SJ-68
04/30/97 Senate Read third time and sent to House SJ-68
05/01/97 House Introduced and read first time HJ-10
05/01/97 House Referred to Committee on Judiciary HJ-13
05/14/97 House Recalled from Committee on Judiciary HJ-35
05/20/97 House Read second time HJ-15
05/21/97 House Read third time and enrolled HJ-20
06/04/97 Ratified R 132
06/10/97 Signed By Governor
06/10/97 Effective date 06/10/97
06/24/97 Copies available
06/24/97 Act No. 71
(A71, R132, S532)
AN ACT 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 IA, 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 ONE THOUSAND DOLLARS; 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,
20-7-1010, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND
20-7-1154, ALL AS AMENDED, 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, TO
REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING
IS IN EFFECT, AND TO PROVIDE FOR THE TRANSMITTAL OF
INFORMATION TO THE DEPARTMENT; 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 AND SECTION 43-5-590,
BOTH 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.
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
Social security numbers required
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. Filing the required form
with the Department of Health and Environmental Control complies with
the requirements of this section."
Social security numbers required
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."
Information required in child support and paternity actions
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."
Social security numbers required
SECTION 4. Section 20-1-220 of the 1976 Code is amended to read:
"Section 20-1-220. No marriage license may be issued unless a
written application shall have been filed with the probate judge, or in
Darlington and Georgetown Counties the clerk of court who issues the
license, at least twenty-four hours before its issuance. 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, in
addition to other things required, shall show the hour and date of the filing
of the application and the hour and date of the issuance of the license. The
application must be kept by the probate judge or clerk of court as a
permanent record in his office. A probate judge or clerk of court issuing
a license contrary to the provisions, upon conviction, 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."
Department exempt from document copying charges
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 marriage
license and certificate and may provide a certified copy of any 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."
Social security numbers required
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."
Social security numbers required
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 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 also shall provide for
other relief which has been properly prayed for in the pleadings and which
is considered reasonable and just by the court.
Upon a finding that the putative father is not the father of the child, the
court shall issue an order which sets forth this finding."
Social security numbers required
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 requirements of
Section 20-7-956(A)(4) and the social security number of both parents,
and must be signed by both parents. 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."
Department exempt from document copying charges
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, upon application by those
entitled pursuant to 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 must be furnished copies
or data for statistical, health, or legal purposes upon such terms or
conditions as 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."
Social security numbers required
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, death, and divorce;
(2) the application of marriage.
(B) Social security numbers must be recorded on birth and death
certificates."
Copies available to department on request
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."
Copies available to department on request; exempt from copying
charges
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."
Copies available to department on request
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 must be issued to the parties married or divorced, their adult
children, a present or former spouse of either party married or divorced,
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."
Department exempt from document copying charges
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
Creating, perfecting, and collecting against liens for past due child
support
SECTION 15. Subarticle 6, Article 9, Chapter 7, Title 20 of the 1976
Code is amended by adding:
"Part IA
Child Support Arrearage Liens
Section 20-7-1295. (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 one thousand 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. Financial institutions
are allowed to either submit account information directly to the State
where it is matched against the parent data base, or financial institutions
may request a file and complete the comparison and submit it directly to
the State. The social security number must be used for the matching
process and not the full name of the person who maintains an account
with that entity. 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 is authorized to promulgate rules and regulations, if
necessary, to implement the provision of this section."
Part III
Enhancing Paternity Establishment
Temporary orders for child support
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 voluntary acknowledgment of
paternity which complies with the requirements of Section
20-7-956(A)(4);
(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."
Medical bills are prima facie evidence of costs incurred
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.
Any individual or entity who prepares or submits falsified billing
information shall be subject to the contempt powers of the court."
Verified voluntary acknowledgment of paternity creates finding of
paternity
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."
Contents of 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.
The person acknowledging paternity must be given the opportunity to
seek legal advice prior to signing a verified voluntary acknowledgment.
A verified voluntary acknowledgment must be made by a sworn
document, signed by the person acknowledging paternity and witnessed
by (1) that person's attorney, parent, or guardian or (2) a person eighteen
years of age or older who is not related to the child and not employed or
acting under the authority of the Department of Social Services. The
witness must attach to the acknowledgment a written certification which
specifies that prior to signing the acknowledgment, the provisions of the
acknowledgment were discussed with the person acknowledging paternity
and that, based upon this discussion, it is the witness' opinion that the
acknowledgment is being given voluntarily and that it is not being
obtained under duress or through coercion."
Certificate may be based on order of administrative agency
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
Interstate income withholding procedures
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."
Interstate income withholding procedures
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, 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."
Interstate income withholding procedures
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."
Interstate income withholding procedures
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."
Definitions revised
SECTION 25. Section 20-7-965(7), (16), and (19) of the 1976 Code is
amended to read:
"(7) 'Initiating state' means a state 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 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.
(16) 'Responding state' means a state 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 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."
Interstate income withholding procedures
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 issued a child support order, the order
of that tribunal is controlling and must be recognized.
(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) if only one of the tribunals would have continuing, exclusive
jurisdiction under the provisions of this subarticle, the order of that
tribunal is controlling and must be recognized;
(2) if 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, 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;
(3) if 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 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.
(D) The tribunal that issued the order that must be recognized as
controlling under subsection (A), (B), or (C) is the tribunal that has
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."
Interstate income withholding procedures
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."
Interstate income withholding procedures
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 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."
Interstate income withholding procedures
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) 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."
Interstate income withholding procedures
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, 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) the child, the individual obligee, and the obligor do not reside
in the issuing state;
(b) a plaintiff who is a nonresident of this State seeks
modification; and
(c) the defendant is subject to the personal jurisdiction of a
tribunal of this State; or
(2) an individual party or the child is subject to the personal
jurisdiction of a tribunal of this State and all the parties have filed a
written consent in the issuing tribunal providing that 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) Modification of a registered child support order is subject to the
same requirements, procedures, and defenses that apply 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."
Interstate income withholding procedures
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) 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
Definitions revised
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) 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; 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) Income withholding must be initiated in all Title IV-D cases
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 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
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) 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) 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."
Transmittal of information
SECTION 33. Section 20-7-1315(L)(6) of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"(6) Information received by the South Carolina Employment
Security Commission 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
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."
Administrative change of payee
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, 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."
Definitions revised
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
Distribution 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:
(1) The Department of Social Services shall pay to the federal
government the federal share of the amount collected;
(2) The Department of Social Services shall use the state share of the
amount collected pursuant to subsection (1) in the administration of the
child support enforcement program."
Part VIII
Administrative Subpoena
Authority to issue administrative subpoenas
SECTION 38. The 1976 Code is amended by adding:
"Section 20-7-9575. When necessary in the discharge of the
duties of the department to establish, modify, or enforce a child support
order, 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."
Court to enforce administrative subpoena
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
Transfer of income and property to avoid paying child support
SECTION 40. Section 27-23-10 of the 1976 Code is amended to read:
"Section 27-23-10. (A) Every 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 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 guileful, covinous, or fraudulent
devices and practices are, 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
Information required from employers, governmental 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 these records:
(a) vital statistics;
(b) state and local tax and revenue records;
(c) records concerning real and titled 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 which provides this
information to the department may not charge the department a fee for
providing the information; however, a commission that receives federal
grants, the use of which are restricted, may charge a fee for 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 shall 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, its designee, or the department's or designee's
employees 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 of 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,
its designee, or the department's or designee's employees 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 the department, its designee, or the department's or designee's
employees knowingly or by reason of negligence disclose a financial
record of an individual in violation of subsection (B), the individual
whose records were disclosed may bring a civil action for damages
against the department, its designee, or the department's or designee's
employees in a district court of the United States.
(D) No liability arises under subsection (C) 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) one thousand dollars 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."
Release of information
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. (A) A claimant or a claimant's legal
representative must be supplied with information from the records, to the
extent necessary for the proper presentation of the claim in any
proceeding under Chapters 27 through 41 subject to restrictions the
commission may by regulation prescribe. 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 the commission shall
furnish to an agency of the United States charged with the administration
of public works or assistance through public employment and may furnish
to a state agency similarly charged the name, address, ordinary
occupation, and employment status of each recipient of benefits and the
recipient's rights to further benefits under Chapters 27 through 41.
(B) The State Employment Office shall furnish, upon request of a
public agency administering the 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:
(1) individuals who are receiving, have received, or have applied
for unemployment insurance;
(2) the amount of benefits being received;
(3) the current home address of these individuals;
(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;
(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 the information. This information must be provided in the most
useful and economical format possible."
Unit to develop and implement state plan
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 Act. "
Part XI
New Hire Reporting
New hire reporting directory and procedures
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.
(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
Central registry information and release of information
SECTION 45. Section 43-5-610 of the 1976 Code is amended to read:
"Section 43-5-610. (A) A State Case Registry must be
maintained in the department 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.
(C) Any records maintained pursuant to this section are available only
to the Child Support Enforcement Division of the Department of Social
Services, public welfare offices, 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 maintained.
(D) This section remains in effect until the federal mandate requiring
a state case registry is repealed."
Part XIII
Repeal
Repeal
SECTION 46. Section 43-5-222 of the 1976 Code is repealed.
Part XIV
Time Effective
Time effective
SECTION 47. This act takes effect upon approval by the Governor.
Approved the 10th day of June, 1997. |