Current Status Introducing Body:House Bill Number:4058 Primary Sponsor:Davenport Committee Number:25 Type of Legislation:GB Subject:Child support, drivers license Residing Body:House Current Committee:Judiciary Computer Document Number:JIC/17166AC.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Davenport Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4058 House 19930414 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-380 SO AS TO REQUIRE THE 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; AND TO ADD 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 months' 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 2. 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 3. This act takes effect upon approval by the Governor.