H 3860 Session 111 (1995-1996)
H 3860 General Bill, By Limehouse, Easterday, R.C. Fulmer, H.M. Hallman,
Haskins, R.J. Herdklotz, Phillips, Rhoad, Robinson, Seithel, Simrill, Tripp,
Trotter, Vaughn, D.C. Waldrop, L.S. Whipper and Young-Brickell
Similar(H 3613)
A Bill to amend Title 20, Chapter 7, Article 9, Subarticle 3, Code of Laws of
South Carolina, 1976, relating to child support, by adding Part II so as to
authorize and provide procedures for the enforcement of child support through
the revocation of drivers' licenses; and to designate Sections 20-7-840
through 20-7-938 as Part I, Subarticle 3, Article 9, Chapter 7, Title 20 and
named "Child Support Proceedings and Enforcement".
03/23/95 House Introduced and read first time HJ-5
03/23/95 House Referred to Committee on Judiciary HJ-5
A BILL
TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9,
SUBARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO CHILD SUPPORT, BY ADDING PART II
SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR
THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE
REVOCATION OF DRIVERS' LICENSES; AND TO
DESIGNATE SECTIONS 20-7-840 THROUGH 20-7-938 AS
PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20
AND NAMED "CHILD SUPPORT PROCEEDINGS AND
ENFORCEMENT".
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 20, Chapter 7, Article 9, Subarticle 3 of the
1976 Code is amended by adding:
"Part II
Child Support Enforcement
Through License Revocation
Section 20-7-940. In addition to other qualifications necessary
for holding a driver's license, an individual who is under an order
for child support also is subject to the provisions of this part.
Section 20-7-941. (A) As used in this part:
(1) `Arrearage' means the total amount overdue under an
order of support.
(2) `Compliance with an order for support' means that
pursuant to an order for support the person required to pay under
the order is in arrears no more than an amount equal to two
months' support obligation.
(3) `Division' means the Child Support Enforcement Division
of the State Department of Social Services. Enforcement of the
State Department of Social Services.
(4) `License' means a driver's license 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.
(5) `Licensee' means an individual holding a license issued
by the licensing entity.
(6) `Licensing entity' or `entity' means for the purpose of
issuing or revoking a license the Department of Revenue and
Taxation and the Department of Public Safety.
(7) `Order for support' means a court order being enforced
by the division under Title IV-D of the Social Security Act and
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, and includes but is not limited to,
an order for reimbursement for public assistance.
Section 20-7-942. If a licensee is out of compliance with an
order for support, the licensee's license must be revoked unless
within ninety days of receiving notice that the licensee is out of
compliance with the order, the licensee has paid the arrearage
owing under the order or has signed a consent agreement with the
division establishing a schedule for payment of the arrearage.
Section 20-7-943. The division shall obtain information on
licensees pursuant to Section 20-7-944 for the purposes of
establishing, enforcing, and collecting support obligations.
Section 20-7-944. In the manner and form prescribed by the
division, the licensing entity monthly shall provide the division
information on licensees for use in the establishment, enforcement,
and collection of child support obligations including, but not limited
to:
(1) name;
(2) address of record;
(3) social security number;
(4) employer's name and address;
(5) type of license and driver's license number;
(6) effective date of license or renewal;
(7) expiration date of license;
(8) license status.
Section 20-7-945. (A) The division shall review the
information received pursuant to Section 20-7-944 and determine if
a licensee is out of compliance with an order for support. If a
licensee is out of compliance with the order for support, the
division shall notify the licensee that ninety days after the licensee
receives the notice of being out of compliance with the order, the
licensing entity will be notified to revoke the licensee's license
unless the licensee pays the arrearage owing under the order or
signs a consent agreement establishing a schedule for the payment
of the arrearage.
(B) Upon receiving the notice provided for in subsection (A),
the licensee may:
(1) request a hearing with the division; however, issues the
licensee may raise at the hearing are limited to whether the licensee
is the individual required to pay under the order for support and
whether the licensee is out of compliance with the order of support;
or
(2) request to participate in negotiations with the division for
the purpose of establishing a payment schedule for the arrearage.
(C) The division director or the division director's designees are
authorized to and upon request of a licensee shall negotiate with a
licensee to establish a payment schedule for the arrearage.
Payments made under the payment schedule are in addition to the
licensee's ongoing obligation under the order for support.
(D) Upon the division and the licensee reaching an agreement on
a schedule for payment of the arrearage, the division director shall
submit to the court a consent order containing the payment schedule
which upon the court's approval is enforceable as any order of the
court. If the court does not approve the consent order, the court
may require a hearing on a case by case basis for the judicial
review of the payment schedule agreement.
(E) If the licensee and the division do not reach an agreement
establishing a schedule for payment of the arrearage, the licensee
may petition the court to establish a payment schedule. However,
this action does not stay the license revocation procedures.
(F) The notification given a licensee that the licensee's license
will be revoked in ninety days clearly must state the remedies and
procedures available to a licensee under this section.
(G) If at the end of the ninety days the licensee still has an
arrearage owing under the order for support or the licensee has not
signed a consent agreement establishing a payment schedule for the
arrearage, the division shall notify the licensing entity to revoke the
licensee's license. A license only may be reinstated if the division
notifies the licensing entity that the licensee no longer has an
arrearage or that the licensee has signed a consent agreement.
(H) Upon notice of the revocation the licensee may appeal the
licensing entity's action under the entity's license revocation
procedures. However, on appeal the licensee is limited to the issues
of whether the licensee is the individual required to pay under the
order for support and whether the licensee is out of compliance
with the order of support. An appeal from the decision of the
licensing entity may be taken as any other appeal from a decision of
the licensing entity.
(I) If a licensee under a consent order entered into pursuant to
this section, for the payment of an arrearage subsequently is out of
compliance with an order for support, the division immediately may
notify the licensing entity to revoke the license and the procedures
provided for under subsection (B) do not apply; however the appeal
provisions of subsection (H) apply.
(J) Notice required to the licensee under this section must be
deposited in the United States mail with postage prepaid and
addressed to the licensee at the last known address. The giving of
the notice is considered complete ten days after the deposit of the
notice. A certificate that the notice was sent in accordance with this
part creates a presumption that the notice requirements have been
met even if the notice has not been received by the licensee.
(K) Nothing in this section prohibits a licensee from filing a
petition for a modification of a support order or for any other
applicable relief. However, no such petition stays the license
revocation procedure.
(L) If a license is revoked under this section, the licensing entity
is not required to refund any fees paid by a licensee in connection
with obtaining or renewing a license, and any fee required to be
paid to the licensing entity for reinstatement after a license
revocation applies.
Section 20-7-946. (A) Information provided to the licensing
entity pursuant to this section is subject to disclosure in accordance
with the Freedom of Information Act.
(B) A person who releases information received by the 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 one thousand dollars or
imprisoned not more than one year, or both.
Section 20-7-947. The State Department of Social Services may
enter into interagency agreements with the licensing entity necessary
to implement this part, to the extent that it is cost effective to
implement this part. These agreements shall provide for the receipt
of federal funds by the licensing entity to cover that portion of costs
allowable in federal law and regulation and incurred by the
licensing entity in implementing this part. Notwithstanding any
other provision of law, revenue generated by the licensing entity
must be used to fund the nonfederal share of costs incurred
pursuant to this part. These agreements shall provide that the
licensing entity shall reimburse the State Department of Social
Services for the nonfederal share of costs incurred by the State
Department of Social Services in implementing this part. The
licensing entity shall reimburse the State Department of Social
Services for the nonfederal share of costs incurred pursuant to this
part from monies collected from licensees.
Section 20-7-948. The State Department of Social Services shall
promulgate regulations necessary to carry out this part and shall
consult with licensing entities in developing these
regulations."
SECTION 2. Sections 20-70-840 through 20-7-938 of the 1976
Code are designated as Part I, Subarticle 3, Article 9, Chapter 7,
Title 20 and named "Child Support Proceedings and
Enforcement".
SECTION 3. This act takes effect upon approval by the
Governor.
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