Current Status Introducing Body:House Bill Number:3852 Primary Sponsor:Davenport Committee Number:25 Type of Legislation:GB Subject:Child support obligations Residing Body:House Computer Document Number:436/11207AC.93 Introduced Date:19930406 Last History Body:House Last History Date:19930406 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Davenport Allison Wells Walker Littlejohn Lanford Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3852 House 19930406 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 (F) are met.
(D) 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.
(E) The Department of Social Services has the right to intervene in any license revocation or suspension hearing conducted pursuant to this section.
(F) 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.
(G) 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 2. This act takes effect upon approval by the Governor.