Current Status Introducing Body:Senate Bill Number:1334 Primary Sponsor:Short Type of Legislation:GB Subject:Child Support Enforcement Office Residing Body:Senate Computer Document Number:CYY/16003AC.94 Introduced Date:19940412 Last History Body:Senate Last History Date:19940428 Last History Type:Read second time Scope of Legislation:Statewide All Sponsors:Short Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1334 Senate 19940428 Read second time
1334 Senate 19940427 Committee Report: Favorable 11
1334 Senate 19940412 Introduced, read first time, 11
referred to Committee
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COMMITTEE REPORT
April 27, 1994
S. 1334
S. Printed 4/27/94--S.
Read the first time April 12, 1994.
To whom was referred a Bill (S. 1334), to amend the Code of Laws of South Carolina, 1976, by adding Section 12-4-75 so as to restructure the Office of Child Support Enforcement, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES E. BRYAN, JR., for Committee.
1. Estimated Cost to State-First Year $See Below
2. Estimated Cost to State-Annually
Thereafter $See Below
Senate Bill 1334 amends the South Carolina Code of Laws, 1976, by adding Section 12-4-75 so as to restructure the Office of Child Support Enforcement by transferring the office from the Department of Social Services (DSS) to the Department of Revenue and Taxation. This bill takes effect July 1, 1996, upon approval by the Governor.
DSS anticipates the fiscal impact from enactment of this bill to be nominal and will be absorbed by the agency for fiscal years 1994-95 and 1995-96. Effective July 1, 1996, the appropriations and full-time equivalent positions as detailed in the Appropriation Act under State Office/Agency Program Support/Child Support Enforcement, County Regional Offices/Regional Office Direct Services/Child Support Enforcement Direct Services, and the related Employer Contributions would be transferred to the Department of Revenue and Taxation.
The Department of Revenue and Taxation indicates that the funds transferred from DSS would offset the operational cost for the agency.
Prepared By: Approved By:
Rosetta H. Johnson George N. Dorn, Jr.
State Budget Analyst State Budget Division
Frances H. Barr
State Budget Analyst
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-4-75 SO AS TO RESTRUCTURE THE OFFICE OF CHILD SUPPORT ENFORCEMENT BY TRANSFERRING THE OFFICE FROM THE DEPARTMENT OF SOCIAL SERVICES TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO TRANSFER THE FUNCTIONS, POWERS, AND DUTIES OF THE OFFICE; TO PROVIDE FOR THE SURVIVAL OF CLAIMS AND ACTIONS; AND TO PROVIDE FOR A TRANSITION PLAN TO BE APPROVED BY THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES.
Whereas, to continue the efforts begun by the General Assembly in the enactment of Act 181 of 1993, Restructuring of State Government, measures to advance and promote greater efficiency, effectiveness, and accountability in government must be taken and in doing so it is appropriate to review child support enforcement services and place these services in an agency where the assessment and collection of monies is the primary purpose and mission of the agency. Now, therefore
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 12-4-75. There is created the Office of Child Support Enforcement in the Department of Revenue and Taxation. The Office of Child Support Enforcement, its powers, duties, and functions are transferred from the Department of Social Services to the Department of Revenue and Taxation and all necessary service delivery and support personnel, equipment, supplies, appropriations, assets, and liabilities also must be transferred."
SECTION 2. The Department of Social Services and the Department of Revenue and Taxation shall develop and submit for approval to the Joint Legislative Committee on Children and Families a transfer and transition plan to aid in the transfer of the Office of Child Support Enforcement to the Department of Revenue and Taxation. The plan must be submitted to the committee before January 1, 1996, and the committee shall review, make recommendations for changes if needed, and take final action on the plan by April 1, 1996.
SECTION 3. References in the 1976 Code to the Department of Social Services, Office of Child Support Enforcement mean the Department of Revenue and Taxation, Office of Child Support Enforcement. Subject to the availability of funds, the South Carolina Code Commissioner shall change references in the 1976 Code to conform with this act.
SECTION 4. Regulations promulgated by the Department of Social Services relating to child support enforcement are considered to be promulgated by the Department of Revenue and Taxation until such time as the Department of Revenue and Taxation amends or repeals these regulations.
SECTION 5. No suit, action, or other proceeding lawfully commenced by or against the Office of Child Support Enforcement or the Department of Social Services or an officer or employee of the office or of the department in an official capacity or in relation to the discharge of official duties abates by reason of this act taking effect but the court, on motion or supplemental complaint filed at any time within twelve months after this act takes effect, showing a necessity for a survival of the suit, action, or other proceeding to obtain an adjudication of the questions involved, may allow the suit, action, or other proceeding to be maintained by or against the Department of Revenue and Taxation or an officer or employee of the Department of Revenue and Taxation.
SECTION 6. Section 2 takes effect upon approval by the Governor and Sections 1, 3, 4, and 5 take effect July 1, 1996.