H 3163 Session 111 (1995-1996)
H 3163 General Bill, By Wilkins, Allison, J.M. Baxley, H. Brown, J. Brown,
B.D. Cain, Cato, Cobb-Hunter, Cooper, Cotty, J.L.M. Cromer, Davenport, Fleming,
R.C. Fulmer, Gamble, H.M. Hallman, Harrell, P.B. Harris, Harrison, Haskins,
R.J. Herdklotz, Inabinett, Jennings, Keegan, Kelley, W.D. Keyserling,
M.H. Kinon, Klauber, Knotts, Law, Lloyd, C.V. Marchbanks, Phillips, Rice,
Richardson, Meacham, Riser, Robinson, Seithel, Sharpe, Simrill, R. Smith,
D. Smith, Spearman, Stille, Stuart, Tripp, Vaughn, D.C. Waldrop, Walker,
C.C. Wells, Whatley, Wilder, Wilkes, Witherspoon, S.S. Wofford, Young-Brickell and
W.J. Young
Similar(H 3114)
A Bill to enact the Child Support Enforcement Act of 1995 by amending the Code
of Laws of South Carolina, 1976, by adding Section 14-17-380 so as to require
clerks of court to provide the Department of Social Services with a verified
report of individuals who are more than ninety days in arrears in paying child
support; by amending Title 20, Chapter 7, Article 9, Subarticle 3 by adding
Part II so as to provide for the suspension of business, occupational, and
professional licenses, driver's licenses, and motor vehicle registrations when
an individual is more than ninety days in arrears in paying child support; by
adding Section 20-7-936 so as to require employers to provide employee
information to the Department of Social Services for use in establishing,
enforcing, and collecting child support; by adding Section 20-7-938 so as to
authorize newspapers to publish the names of support obligors who are in
arrears in paying support and to provide immunity from liability; by amending
Section 20-7-420, as amended, relating to the jurisdiction of the Family Court
so as to include the authority to have suspended the driver's license and the
motor vehicle registration of an individual who is more than ninety days in
arrears in paying child support; and to designate Sections 20-7-840 through
20-7-938 as Part I of Title 20, Chapter 7, Article 9, Subarticle 3 and to name
this part "Child Support Proceedings and Enforcement".
12/21/94 House Prefiled
12/21/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-57
01/10/95 House Referred to Committee on Judiciary HJ-58
A BILL
TO ENACT THE CHILD SUPPORT ENFORCEMENT ACT OF
1995 BY AMENDING THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 14-17-380 SO AS TO
REQUIRE CLERKS OF COURT TO PROVIDE THE
DEPARTMENT OF SOCIAL SERVICES WITH A VERIFIED
REPORT OF INDIVIDUALS WHO ARE MORE THAN NINETY
DAYS IN ARREARS IN PAYING CHILD SUPPORT; BY
AMENDING TITLE 20, CHAPTER 7, ARTICLE 9,
SUBARTICLE 3 BY ADDING PART II SO AS TO PROVIDE
FOR THE SUSPENSION OF BUSINESS, OCCUPATIONAL,
AND PROFESSIONAL LICENSES, DRIVER'S LICENSES, AND
MOTOR VEHICLE REGISTRATIONS WHEN AN INDIVIDUAL
IS MORE THAN NINETY DAYS IN ARREARS IN PAYING
CHILD SUPPORT; BY ADDING SECTION 20-7-936 SO AS TO
REQUIRE EMPLOYERS TO PROVIDE EMPLOYEE
INFORMATION TO THE DEPARTMENT OF SOCIAL
SERVICES FOR USE IN ESTABLISHING, ENFORCING, AND
COLLECTING CHILD SUPPORT; BY ADDING SECTION
20-7-938 SO AS TO AUTHORIZE NEWSPAPERS TO PUBLISH
THE NAMES OF SUPPORT OBLIGORS WHO ARE IN
ARREARS IN PAYING SUPPORT AND TO PROVIDE
IMMUNITY FROM LIABILITY; BY AMENDING SECTION
20-7-420, AS AMENDED, RELATING TO THE JURISDICTION
OF THE FAMILY COURT SO AS TO INCLUDE THE
AUTHORITY TO HAVE SUSPENDED THE DRIVER'S
LICENSE AND THE MOTOR VEHICLE REGISTRATION OF
AN INDIVIDUAL WHO IS MORE THAN NINETY DAYS IN
ARREARS IN PAYING CHILD SUPPORT; AND TO
DESIGNATE SECTIONS 20-7-840 THROUGH 20-7-938 AS
PART I OF TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE
3 AND TO NAME THIS PART "CHILD SUPPORT
PROCEEDINGS AND ENFORCEMENT."
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act may be cited as the Child Support
Enforcement Act of 1995.
SECTION 2. The 1976 Code is amended by adding:
"Section 14-17-380. Monthly the county clerks of court
shall provide the Division of Child Support Enforcement,
Department of Social Services with a verified report of those
individuals who, pursuant to an order for child support rendered by
or registered in a court of this State, are more than ninety days in
arrears in making payments in full for current support, in making
periodic payments on a support arrearage, or in making periodic
payments on a reimbursement for public assistance."
SECTION 3. Title 20, Chapter 7, Article 9, Subarticle 3 of the
1976 Code is amended by adding:
"Part II
Child Support Enforcement
Through the Suspension of Licenses
Section 20-7-941. (A) As used in this part:
(1) `Compliance with an order for support' means that
pursuant to an order for child support rendered by or registered in a
court of this State, the individual ordered to pay the support is no
more than ninety calendar days in arrears in making payments in
full for current support, in making periodic payments on a support
arrearage, or in making periodic payments on a reimbursement for
public assistance.
(2) `Division' means the Division of Child Support
Enforcement of the State Department of Social Services.
(3) `License' means:
(a) a certificate, credential, permit, registration, or any
other authorization issued by a licensing entity that allows an
individual to engage in a business, occupation, or profession and
includes, but is not limited to, a hunting, fishing, or trapping
license for commercial use and the authority to practice law;
(b) a driver's license issued by the Department of Public
Safety and includes, but is not limited to, a beginner's or instruction
permit, a restricted driver's license, a motorcycle driver's license, or
a commercial driver's license;
(c) a motor vehicle registration issued by the Department
of Revenue and Taxation.
(4) `Licensee' means an individual holding a license issued
by a licensing entity.
(5) `Licensing entity' or `entity' means:
(a) for purpose of issuing a license, as defined in item
(3)(a), the Department of Labor, Licensing, and Regulation and any
other state, municipal, or county agency, board, department, office,
or commission that issues a license and includes, but is not limited
to, the South Carolina Supreme Court;
(b) for purposes of issuing a license, as defined in item
(3)(b), the Department of Public Safety;
(c) for purposes of issuing a license, as defined in item
3(c), the Department of Revenue and Taxation.
Section 20-7-942. In addition to other qualifications necessary
for obtaining or holding a license, an individual who initially
applies for, who seeks renewal of, or who holds, whether active or
inactive, a license who is under a court order to pay child support
also is subject to the provisions of this part.
Section 20-7-943. Upon receipt of the verified report of the
county clerks of court provided to the division pursuant to Section
14-17-380 and which contains the names, last known addresses, and
social security numbers of all individuals who pay support through
the county clerks of court who are not in compliance with an order
for support, the division shall disseminate the report to all licensing
entities. This report must include the names of individuals not in
compliance with an order for support whether or not the division
has been requested to provide Title IV-D services for the
enforcement of the order.
Section 20-7-944. (A) Upon receipt of the report from the
division, provided to the entity pursuant to Section 20-7-943, the
licensing entity shall in accordance with this section suspend or
refuse to renew the license of a licensee who appears in the report.
The entity shall notify the licensee that the licensee's license will be
suspended or, in the case of a licensee up for renewal, nonrenewed
and the date upon which the license will be suspended or
nonrenewed.
(B) The licensing entity shall suspend the license thirty days
after the notice is mailed and in the case of a renewal license, the
entity shall refuse to renew the license at the time the license
expires unless:
(1) the licensing entity has received a certification verified by
the clerk of court that the licensee is in compliance with the order
for support;
(2) the licensee has requested a review by the licensing entity
pursuant to the Administrative Procedures Act, or the applicable
review procedures of that entity; however, on review the licensee is
limited to challenging whether the licensee is the individual out of
compliance with the order of support or whether the amount or
duration of the arrearage at the time of the clerk of court
verification is correct; or
(3) the licensee has filed a petition in family court seeking to
hold the arrearage in abeyance and to establish a periodic payment
schedule for the arrearage so as to come into compliance with the
order for support and a copy of the petition is served upon the
licensing entity.
(C) If a review is initiated by the licensee under subsection
(B)(2) or a petition is filed under subsection (B)(3), the licensing
entity is prohibited from suspending or refusing to renew the license
until the matter is finally determined.
(D) If a licensing entity suspends a license or refuses to renew a
license in accordance with this section, upon receipt of a
certification verified by the clerk of court that the individual is in
compliance with the order for support and if the individual is
otherwise eligible for reinstatement, the entity shall reinstate the
license in accordance with policies and procedures of the licensing
entity for reinstatement.
(E) A licensing entity shall refuse to issue a license to a new
applicant for licensure if the applicant is out of compliance with an
order for support. The entity must notify the applicant in writing of
the reason for refusal to issue the license. If at any time the entity
receives a certification verified by the clerk of court that the
applicant is in compliance with the order for support and the
applicant is otherwise eligible, the entity shall issue the license. An
applicant refused licensure under this subsection may:
(1) request a review by the licensing entity pursuant to the
Administrative Procedures Act or the applicable review procedures
of that entity; however, on review the applicant is limited to
challenging whether the applicant is the individual out of
compliance with the order for support or whether the amount or
duration of the arrearage at the time of the clerk of court
verification is correct; or
(2) file a petition in family court seeking to hold the
arrearage in abeyance and to establish a periodic payment schedule
for the arrearage so as to come into compliance with the order of
support.
(F) The notification given a licensee for suspension or
nonrenewal of a license or to an applicant for refusing to issue a
license under this section clearly must state the remedies and
procedures available to a licensee or applicant under this section.
(G) Notice required by this section must be deposited by the
licensing entity in the United States mail with postage prepaid and
addressed to the licensee or applicant at the last known address.
The giving of the notice is considered complete ten days after the
deposit of the notice. A certificate by the licensing entity that the
notice was sent in accordance with this section creates a
presumption that the notice requirements have been met even if the
notice has not been received by the licensee or applicant.
(H) Nothing in this section prohibits a licensee or applicant from
filing a petition for a modification of a support order or for any
other applicable relief. However, only a petition filed in family
court pursuant to subsection (B)(3) will stay the suspension or
nonrenewal of a license.
(I) A person who releases information received by a licensing
entity pursuant to this section, except as authorized by this section
or another provision of law, is guilty of a misdemeanor and, upon
conviction, must be fined not more than five hundred dollars or
imprisoned not more than six months, or both.
(J) Information provided to a licensing entity pursuant to this
section is subject to disclosure in accordance with the Freedom of
Information Act.
(K) To the extent that funds are available, the Department of
Social Services shall reimburse a licensing entity, from federal
funds provided to the department, that portion of costs allowable in
federal law and regulation for the enforcement and collection of
child support payments and incurred by the licensing entity in
carrying out the entity's responsibilities under this section.
Section 20-7-945. An individual, who is to receive court
ordered child support and the payments are not to be paid to the
individual through the clerk of court, may petition the family court
requesting the court to direct all appropriate licensing entities to
suspend the license of the individual who is ordered to pay the
support if that individual is not in compliance with the order for
support.
Section 20-7-946. All licensing entities shall provide the
division, on magnetic tape or other machine-readable form in
accordance with standards and procedures established by the
division, information on licensees for use in establishment,
enforcement, and collection of child support obligations including,
but not limited to:
(1) name;
(2) address of record;
(3) federal employee identification number or social security
number;
(4) type of license;
(5) effective date of license or renewal;
(6) expiration date of license;
(7) active or inactive license status.
Section 20-7-947. The Department of Social Services shall
promulgate regulations necessary to carry out this part and shall
consult with licensing entities in developing these
regulations."
SECTION 4. The 1976 Code is amended by adding:
"Section 20-7-936. (A) An employer doing business in
this State shall report to the Division of Child Support Enforcement,
Department of Social Services:
(1) the hiring of a person who resides or works in this
State to whom the employer anticipates paying earnings; and
(2) the hiring, rehiring, or return to work of an employee
who was laid off, furloughed, separated, granted leave without pay,
or terminated from employment.
(B) An employer is not required to report the hiring of a
person who:
(1) will be employed sporadically so that the employee will
be paid for fewer than three hundred fifty hours during a
continuous six-month period;
(2) will have gross earnings of less than three hundred
dollars in every month; or
(3) will be employed temporarily for one month or less.
(C) An employer may report by mailing a copy of the
employee's W-4 form or by any other means authorized by the
Division of Child Support Enforcement which will result in timely
reporting. An employer shall submit reports within five days of the
hiring, rehiring, or return to work of the employee. The report
shall contain:
(1) the employee's name, address, social security number,
date of birth, and date of hire; and
(2) the employer's name, address, and any applicable
identifying number.
(D) An employer who fails to report as required under this
section is subject to a civil fine of two hundred fifty dollars.
(E) The Division of Child Support Enforcement shall retain
the information for a particular employee only if the office is
responsible for establishing, enforcing, or collecting a support
obligation or debt of the employee. If the employee does not owe
an obligation or debt, the office may not create a record regarding
the employee and promptly shall destroy the information contained
in the report.
(F) The Department of Social Services may promulgate
regulations to establish additional exemptions from this section if
needed to reduce unnecessary or burdensome reporting."
SECTION 5. The 1976 Code is amended by adding:
"Section 20-7-938. (A) The Division of Child Support
Enforcement, Department of Social Services may publish in the
state's newspapers the names of delinquent child support obligors
who owe unpaid child support. Publication may include the places
of residence and the amount of unpaid child support of each
obligor.
(B) Newspapers and their employees are immune from
criminal and civil liability as a result of publication under
subsection (A) unless publication is a result of negligent or
intentional misconduct."
SECTION 6. Section 20-7-420 of the 1976 Code is amended by
adding an appropriately numbered item at the end:
"( ) to order a licensing entity, as defined in Section
20-7-941, to suspend the business, occupational, or professional
license or the driver's license and the motor vehicle registration of
an individual who, pursuant to an order for child support rendered
or registered in a court of this State, is more than ninety days in
arrears in making payments in full for current support, in making
periodic payments on a support arrearage, or in making periodic
payments on a reimbursement for public assistance."
SECTION 7. Sections 20-7-840 through 20-7-938 of the 1976
Code are designated as Part I of Subarticle 3, Article 9, Chapter 7,
Title 20 and named "Child Support Proceedings and
Enforcement."
SECTION 8. This act takes effect January 1, 1996.
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