H 4053 Session 110 (1993-1994)
H 4053 General Bill, By J.L.M. Cromer and Cobb-Hunter
A Bill to amend the Code of Laws of South Carolina, 1976, by enacting the
Economic Security for Children Act by adding Section 14-17-380, so as to
require the county clerks of court to provide the South Carolina Department of
Highways and Public Transportation reports of persons who are in arrears in
child support payments for the purpose of suspending and revoking the person's
driver's license and vehicle registration; by adding Section 20-7-95, so as to
provide that no provision of an agreement is enforceable that unreasonably
limits a parent's present or future obligation to support their child; by
adding Section 38-59-60, so as to require that before an insurance company may
pay a claim, other than health, the company shall determine from information
from the South Carolina Department of Social Services whether the claimant
owes past due child support and if so to pay the past due amount to the
Department for disbursement; by adding Section 43-5-69, so as to require
agencies and offices of state, county, and municipal government that issue
licenses to engage in professions, trades, or businesses to provide licensee
information to the State Department of Social Services for the purpose of
establishing and enforcing child support obligations; to require these
agencies and offices after notice and an opportunity to be heard to suspend
the license of a person who is in at least two months' arrears in child
support payments; to provide requirements for reinstatement; and to provide
for appeals; by adding Section 56-1-295, so as to provide procedures under
which the Department of Highways and Public Transportation may suspend or
revoke a perso
04/14/93 House Introduced and read first time HJ-48
04/14/93 House Referred to Committee on Judiciary HJ-49
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ENACTING THE ECONOMIC SECURITY FOR CHILDREN
ACT BY ADDING SECTION 14-17-380, SO AS TO REQUIRE THE
COUNTY CLERKS OF COURT TO PROVIDE THE SOUTH
CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION REPORTS OF PERSONS WHO ARE IN
ARREARS IN CHILD SUPPORT PAYMENTS FOR THE PURPOSE
OF SUSPENDING AND REVOKING THE PERSON'S DRIVER'S
LICENSE AND VEHICLE REGISTRATION; BY ADDING SECTION
20-7-95, SO AS TO PROVIDE THAT NO PROVISION OF AN
AGREEMENT IS ENFORCEABLE THAT UNREASONABLY
LIMITS A PARENT'S PRESENT OR FUTURE OBLIGATION TO
SUPPORT THEIR CHILD; BY ADDING SECTION 38-59-60, SO AS
TO REQUIRE THAT BEFORE AN INSURANCE COMPANY MAY
PAY A CLAIM, OTHER THAN HEALTH, THE COMPANY SHALL
DETERMINE FROM INFORMATION FROM THE SOUTH
CAROLINA DEPARTMENT OF SOCIAL SERVICES WHETHER
THE CLAIMANT OWES PAST DUE CHILD SUPPORT AND IF SO
TO PAY THE PAST DUE AMOUNT TO THE DEPARTMENT FOR
DISBURSEMENT; BY ADDING SECTION 43-5-69, SO AS TO
REQUIRE AGENCIES AND OFFICES OF STATE, COUNTY, AND
MUNICIPAL GOVERNMENT THAT ISSUE LICENSES TO
ENGAGE IN PROFESSIONS, TRADES, OR BUSINESSES TO
PROVIDE LICENSEE INFORMATION TO THE STATE
DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF
ESTABLISHING AND ENFORCING CHILD SUPPORT
OBLIGATIONS; TO REQUIRE THESE AGENCIES AND OFFICES
AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD TO
SUSPEND THE LICENSE OF A PERSON WHO IS IN AT LEAST
TWO MONTHS' ARREARS IN CHILD SUPPORT PAYMENTS; TO
PROVIDE REQUIREMENTS FOR REINSTATEMENT; AND TO
PROVIDE FOR APPEALS; BY ADDING SECTION 56-1-295, SO AS
TO PROVIDE PROCEDURES UNDER WHICH THE DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY
SUSPEND OR REVOKE A PERSON'S DRIVER'S LICENSE AND
VEHICLE REGISTRATION FOR FAILURE TO PAY CHILD
SUPPORT; BY AMENDING SECTION 12-54-240, AS AMENDED,
RELATING TO DISCLOSURE OF PUBLIC RECORDS BY THE
SOUTH CAROLINA TAX COMMISSION, SO AS TO PROVIDE
THAT COPIES OF TAXPAYER RETURNS MAY BE PROVIDED TO
THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES
FOR LOCATING OBLIGORS AND EVALUATING THEIR ABILITY
TO PAY CHILD SUPPORT; BY AMENDING SECTION 20-7-90
RELATING TO THE OBLIGATION TO PAY CHILD SUPPORT, SO
AS TO MAKE FAILURE TO PAY A FELONY; AND TO AMEND
SECTION 16-1-10 RELATING TO CRIMES CLASSIFIED AS
FELONIES, SO AS TO INCLUDE THE FELONY OFFENSE IN THIS
ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the Economic Security for
Children Act.
SECTION 2. The 1976 Code is amended by adding:
"Section 14-17-380. The county clerks of court shall provide
the South Carolina Department of Highways and Public Transportation
with a bimonthly report of those persons who have failed to pay
court-ordered child support in an amount equal to two month's child
support for the purpose of the Department of Highways and Public
Transportation suspending or revoking the person's driver's license and
motor vehicle registration pursuant to Section 56-1-295."
SECTION 3. The 1976 Code is amended by adding:
"Section 20-7-95. No provision of a separation or other
agreement that seeks to unreasonably limit a parent's present or future
obligation to support their child is valid or enforceable."
SECTION 4. The 1976 Code is amended by adding:
"Section 38-59-60. Before making any payment to a claimant
under a contract of insurance, other than health insurance, a company
authorized to issue policies of insurance in this State shall obtain from
the South Carolina Department of Social Services, Office of Child
Support Enforcement, information indicating whether the claimant owes
past-due child support. If the claimant owes past-due child support, the
company shall withhold from the payment the amount of past-due
support and provide that amount to the Department of Social Services
for disbursement to the obligee or as provided by law."
SECTION 5. The 1976 Code is amended by adding:
"Section 43-5-69. (A) For the purposes of establishing and
enforcing child support obligations on behalf of recipients of Aid to
Families with Dependent Children or recipients of Title IV-D child
support services, the State Department of Social Services may request
and must be provided information, as established in regulation, from any
state agency, board, or commission or any office or agency of a county
or municipality which issues licenses or other certificates of authority
permitting a person to engage in or conduct a profession, trade, or
business.
(B) At such times and for such time periods as the Department of
Social Services shall establish in regulation, but no more than once
every three months, every state agency, board, or commission or an
office or agency of a county or municipality that issues licenses or other
certificates of authority permitting persons to engage in or conduct a
profession, trade, or business must provide the Department of Social
Services, in the form prescribed by the department in regulation, a list
of all persons to whom a license or other certificate of authority was
issued or renewed. The list must include the name, address, and social
security or federal identification number of the licensee or holder of the
certificate of authority and other information as may be provided for in
regulation.
(C) If the Department of Social Services determines that a licensee
or a holder of a certificate of authority permitting a person to engage in
or conduct a profession, trade, or business is delinquent in making
court-ordered child support payments in an amount equal to at least two
months' support obligation, the department shall notify in writing the
person and the licensing authority or entity issuing the certificate of
authority of this arrearage and of the department's request to have the
person's license or certificate of authority revoked or suspended.
(D) Upon receiving this notice the licensing authority or entity
issuing the certificate of authority shall comply with its applicable notice
and hearing requirements for revocation or suspension of a license or
certificate of authority. If in conducting a hearing the licensing authority
or entity issuing the certificate of authority finds that the person is
delinquent in making court-ordered child support payments in an
amount equal to at least two months' support obligation, the licensing
authority or entity issuing the certificate of authority shall revoke or
suspend the person's license or certificate of authority until the
reinstatement or reissuance requirements of subsection (G) are met.
(E) For the purpose of the license revocation or suspension hearing,
the written representation of the department, verified by the clerk of
court of the county in which the support payments are ordered to be
paid, is prima facie evidence that the person is delinquent in making the
child support payments in the amount stated.
(F) The Department of Social Services has the right to intervene in
any license revocation or suspension hearing conducted pursuant to this
section.
(G) A license or certificate of authority suspended or revoked under
this section may not be reinstated or reissued until the Department of
Social Services provides the licensing authority or entity issuing the
certificate of authority a statement, verified by the clerk of court of the
county in which the support payments are ordered to be paid, that the
delinquency in child support payments has been paid and that there is no
current delinquency.
(H) An appeal from the decision of a licensing authority or entity
issuing a certificate of authority under this section may be taken as any
other decision of the authority or entity."
SECTION 6. The 1976 code is amended by adding:
"Section 56-1-295. If the department receives notice pursuant
to Section 14-17-380 from a county clerk of court that a person licensed
to operate a motor vehicle under this chapter has failed to pay
court-ordered child support and is in arrears in an amount equal to two
months' child support, the department shall, without a prior hearing,
suspend the person's driver's license and the registration of any motor
vehicle owned by the person. The department may reinstate the driver's
license and allow registration of a motor vehicle only if the clerk of
court provides to the department a written notice stating that the person
is no longer in arrears in child support payments and is in compliance
with a judgment or order for child support. If, after the driver's license
of the person is reinstated and registration of a motor vehicle is allowed,
the person fails to pay court-ordered child support in an amount equal
to two months' child support, the clerk of court shall notify the
department of the failure to pay. The department shall, upon receipt of
the notice and without a prior hearing, revoke the driver's license and the
motor vehicle registration of the person. Notices given pursuant to this
section may be made in any form, including electronic transmission. An
individual aggrieved by a decision of the department may appeal
pursuant to the provisions of this chapter. If during the appeal, the
individual demonstrates that no child support arrearage exists or that the
person is not the person owing the arrearage, the reinstatement of the
driver's license and the motor vehicle registration of the individual may
be granted. A driver's license and a motor vehicle registration may not
be reinstated on any other grounds."
SECTION 7. Section 12-54-240(B)(4) of the 1976 Code, as added by
Act 658 of 1988, is amended to read:
"(4) transfer of funds and the submission of taxpayer home
addresses and corrected social security numbers and copies of
taxpayer returns to the Department of Social Services, Office
of Child Support Enforcement Division in accordance with
Section 12-54-430(D) , upon request for the purpose of assisting
the department in identifying and locating obligors and to evaluate their
ability to pay child support."
SECTION 8. Section 20-7-90 of the 1976 Code is amended to read:
"Section 20-7-90. (A) Any An able-bodied
person capable of earning a livelihood who shall, without just
cause or excuse, abandon or fail abandons or fails to
provide reasonable support to his or her spouse or to his or her minor
unmarried legitimate or illegitimate child dependent upon him or her
shall be deemed is guilty of a misdemeanor
felony and, upon conviction, shall
must be imprisoned for a term of not exceeding not
more than one year or be fined not less than three hundred
dollars nor and not more than one thousand five
hundred dollars, or both, in the discretion of the circuit court. A
husband or wife abandoned by his or her spouse is not liable for the
support of the abandoning spouse until such the
abandoning spouse offers to return unless the misconduct of the
husband or wife justified the abandonment. If a fine be
is imposed the circuit court may, in its discretion,
may order that a portion of the fine be paid to a proper and
suitable person or agency for the maintenance and support of the
defendant's spouse or minor unmarried legitimate or illegitimate child.
As used in this section `reasonable support' means an amount of
financial assistance which, when combined with the support the member
is reasonably capable of providing for himself or herself, will provide a
living standard for the member substantially equal to that of the person
owing the duty to support. It includes both usual and unusual
necessities.
(B) Any A person who fails to receive the support
required by this section may petition to a circuit court of competent
jurisdiction for a rule to show cause why the obligated person should not
be required to provide such the support and after proper
service and hearing the circuit court shall in all appropriate cases
shall order such the support to be paid.
Any such A petition shall specify the amount of support
required. Compliance with the circuit court order shall bar prosecution
under the provisions of subsection (A) of this section."
SECTION 9. The crime provided for in Section 20-7-90 of the 1976
Code, as contained in Section 8 of this act, is added to the list of crimes
classified as felonies in Section 16-1-10.
SECTION 10. This act takes effect upon approval by the Governor.
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