Current Status Bill Number:
274Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950110Primary Sponsor: ShortAll Sponsors: Short, RoseDrafted Document Number: RES9541.LHSResiding Body: HouseCurrent Committee: Medical, Military, Public and Municipal Affairs Committee 27 H3MDate of Last Amendment: 19950529Subject: Child support obligations
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950531 Introduced, read first time, 27 H3M referred to Committee Senate 19950530 Read third time, sent to House Senate 19950529 Amended, read second time Senate 19950525 Polled out of Committee: 08 SG Favorable with amendment Senate 19950110 Introduced, read first time, 08 SG referred to Committee Senate 19941114 Prefiled, referred to Committee 08 SGView additional legislative information at the LPITS web site.
COMMITTEE AMENDMENT ADOPTED
May 29, 1995
S. Printed 5/29/95--S.
Read the first time January 10, 1995.
TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT OBLIGATIONS SO AS TO DIRECT THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN EMPLOYER NEW HIRE REPORTING PROGRAM.
Amend Title To Conform
SECTION 1. Section 20-7-1315 of the 1976 Code, as last amended by Act 510 of 1994, is further amended by adding a new subsection:
"(L)(1) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division.
(2) An employer doing business in this State may participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division:
(a) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or
(b) the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(3) The Employer New Hire Reporting program shall apply to a person who is expected to:
(a) be employed for more than one month's duration; or
(b) be paid for more than three hundred fifty hours during a continuous six-month period; or
(c) have gross earnings of more than three hundred dollars in each month of employment.
(4) An employer who voluntarily reports under item (2) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain:
(a) the employee's name, address, social security number, date of birth, and salary information; and
(b) the employer's name, address, and employer identification number.
(5) Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division by:
(a) sending a copy of the new employee's W-4 form; or
(b) completing a form supplied by the Child Support Enforcement Division; or
(c) any other means authorized by the Child Support Enforcement Division for conveying the required information, including electronic transmission or magnetic tapes in compatible formats.
(6) An employer is authorized by this section to disclose the information described in subsection (4) and is not liable to the employee for such disclosure or any subsequent use by the Child Support Enforcement Division of the information.
(7) For each employee reported under the Employer New Hire Reporting program, the Child Support Enforcement Division shall retain the information only if the division is responsible for establishing, enforcing or collecting a support obligation of the employee. If the division is not responsible for establishing, enforcing, or collecting a support obligation of the employee, the division shall not create a record regarding the employee and the information provided by the employer shall be promptly destroyed.
The South Carolina Employment Security Commission shall transmit to the South Carolina Department of Social Services, within fifteen working days after the end of a reporting quarter, any required employment and wage information reported by employers to the South Carolina Employment Security Commission."
SECTION 2. This act takes effect upon approval by the Governor but the program created by this act is not to be implemented until January 3, 1996.