Current Status Bill Number:3163 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Wilkins All Sponsors:Wilkins, Allison, Baxley, H. Brown, J. Brown, Cato, Cobb-Hunter, Cooper, Cromer, Davenport, Fulmer, Hallman, Harrell, P. Harris, Harrison, Herdklotz, Inabinett, Jennings, Keegan, Keyserling, Kinon, Knotts, Marchbanks, Meacham, Richardson, Robinson, Sharpe, Simrill, D. Smith, R. Smith, Stuart, Tripp, Vaughn, Waldrop, Walker, Wells, Whatley, Wilder, Wilkes, Witherspoon, Wofford, A. Young, J. Young, Klauber, Cotty, Stille, Fleming, Kelley, Law, Haskins, Cain, Gamble, Stuart, Phillips, Rice, Spearman, Lloyd, Riser, Seithel Drafted Document Number:JIC\5221AC.95 Companion Bill Number:3072, 3114, 3119 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Child Support Enforcement Act of 1995
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 25 HJ
referred to Committee
House 19941221 Prefiled, referred to Committee 25 HJ
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TO ENACT THE CHILD SUPPORT ENFORCEMENT ACT OF 1995 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-380 SO AS TO REQUIRE CLERKS OF COURT TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES WITH A VERIFIED REPORT OF INDIVIDUALS WHO ARE MORE THAN NINETY DAYS IN ARREARS IN PAYING CHILD SUPPORT; BY AMENDING TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO PROVIDE FOR THE SUSPENSION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVER'S LICENSES, AND MOTOR VEHICLE REGISTRATIONS WHEN AN INDIVIDUAL IS MORE THAN NINETY DAYS IN ARREARS IN PAYING CHILD SUPPORT; BY ADDING SECTION 20-7-936 SO AS TO REQUIRE EMPLOYERS TO PROVIDE EMPLOYEE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR USE IN ESTABLISHING, ENFORCING, AND COLLECTING CHILD SUPPORT; BY ADDING SECTION 20-7-938 SO AS TO AUTHORIZE NEWSPAPERS TO PUBLISH THE NAMES OF SUPPORT OBLIGORS WHO ARE IN ARREARS IN PAYING SUPPORT AND TO PROVIDE IMMUNITY FROM LIABILITY; BY AMENDING SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT SO AS TO INCLUDE THE AUTHORITY TO HAVE SUSPENDED THE DRIVER'S LICENSE AND THE MOTOR VEHICLE REGISTRATION OF AN INDIVIDUAL WHO IS MORE THAN NINETY DAYS IN ARREARS IN PAYING CHILD SUPPORT; AND TO DESIGNATE SECTIONS 20-7-840 THROUGH 20-7-938 AS PART I OF TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 AND TO NAME THIS PART "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT."
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the Child Support Enforcement Act of 1995.
SECTION 2. The 1976 Code is amended by adding:
"Section 14-17-380. Monthly the county clerks of court shall provide the Division of Child Support Enforcement, Department of Social Services with a verified report of those individuals who, pursuant to an order for child support rendered by or registered in a court of this State, are more than ninety days in arrears in making payments in full for current support, in making periodic payments on a support arrearage, or in making periodic payments on a reimbursement for public assistance."
SECTION 3. Title 20, Chapter 7, Article 9, Subarticle 3 of the 1976 Code is amended by adding:
Section 20-7-941. (A) As used in this part:
(1) `Compliance with an order for support' means that pursuant to an order for child support rendered by or registered in a court of this State, the individual ordered to pay the support is no more than ninety calendar days in arrears in making payments in full for current support, in making periodic payments on a support arrearage, or in making periodic payments on a reimbursement for public assistance.
(2) `Division' means the Division of Child Support Enforcement of the State Department of Social Services.
(3) `License' means:
(a) a certificate, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual to engage in a business, occupation, or profession and includes, but is not limited to, a hunting, fishing, or trapping license for commercial use and the authority to practice law;
(b) a driver's license issued by the Department of Public Safety 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;
(c) a motor vehicle registration issued by the Department of Revenue and Taxation.
(4) `Licensee' means an individual holding a license issued by a licensing entity.
(5) `Licensing entity' or `entity' means:
(a) for purpose of issuing a license, as defined in item (3)(a), the Department of Labor, Licensing, and Regulation and any other state, municipal, or county agency, board, department, office, or commission that issues a license and includes, but is not limited to, the South Carolina Supreme Court;
(b) for purposes of issuing a license, as defined in item (3)(b), the Department of Public Safety;
(c) for purposes of issuing a license, as defined in item 3(c), the Department of Revenue and Taxation.
Section 20-7-942. In addition to other qualifications necessary for obtaining or holding a license, an individual who initially applies for, who seeks renewal of, or who holds, whether active or inactive, a license who is under a court order to pay child support also is subject to the provisions of this part.
Section 20-7-943. Upon receipt of the verified report of the county clerks of court provided to the division pursuant to Section 14-17-380 and which contains the names, last known addresses, and social security numbers of all individuals who pay support through the county clerks of court who are not in compliance with an order for support, the division shall disseminate the report to all licensing entities. This report must include the names of individuals not in compliance with an order for support whether or not the division has been requested to provide Title IV-D services for the enforcement of the order.
Section 20-7-944. (A) Upon receipt of the report from the division, provided to the entity pursuant to Section 20-7-943, the licensing entity shall in accordance with this section suspend or refuse to renew the license of a licensee who appears in the report. The entity shall notify the licensee that the licensee's license will be suspended or, in the case of a licensee up for renewal, nonrenewed and the date upon which the license will be suspended or nonrenewed.
(B) The licensing entity shall suspend the license thirty days after the notice is mailed and in the case of a renewal license, the entity shall refuse to renew the license at the time the license expires unless:
(1) the licensing entity has received a certification verified by the clerk of court that the licensee is in compliance with the order for support;
(2) the licensee has requested a review by the licensing entity pursuant to the Administrative Procedures Act, or the applicable review procedures of that entity; however, on review the licensee is limited to challenging whether the licensee is the individual out of compliance with the order of support or whether the amount or duration of the arrearage at the time of the clerk of court verification is correct; or
(3) the licensee has filed a petition in family court seeking to hold the arrearage in abeyance and to establish a periodic payment schedule for the arrearage so as to come into compliance with the order for support and a copy of the petition is served upon the licensing entity.
(C) If a review is initiated by the licensee under subsection (B)(2) or a petition is filed under subsection (B)(3), the licensing entity is prohibited from suspending or refusing to renew the license until the matter is finally determined.
(D) If a licensing entity suspends a license or refuses to renew a license in accordance with this section, upon receipt of a certification verified by the clerk of court that the individual is in compliance with the order for support and if the individual is otherwise eligible for reinstatement, the entity shall reinstate the license in accordance with policies and procedures of the licensing entity for reinstatement.
(E) A licensing entity shall refuse to issue a license to a new applicant for licensure if the applicant is out of compliance with an order for support. The entity must notify the applicant in writing of the reason for refusal to issue the license. If at any time the entity receives a certification verified by the clerk of court that the applicant is in compliance with the order for support and the applicant is otherwise eligible, the entity shall issue the license. An applicant refused licensure under this subsection may:
(1) request a review by the licensing entity pursuant to the Administrative Procedures Act or the applicable review procedures of that entity; however, on review the applicant is limited to challenging whether the applicant is the individual out of compliance with the order for support or whether the amount or duration of the arrearage at the time of the clerk of court verification is correct; or
(2) file a petition in family court seeking to hold the arrearage in abeyance and to establish a periodic payment schedule for the arrearage so as to come into compliance with the order of support.
(F) The notification given a licensee for suspension or nonrenewal of a license or to an applicant for refusing to issue a license under this section clearly must state the remedies and procedures available to a licensee or applicant under this section.
(G) Notice required by this section must be deposited by the licensing entity in the United States mail with postage prepaid and addressed to the licensee or applicant at the last known address. The giving of the notice is considered complete ten days after the deposit of the notice. A certificate by the licensing entity that the notice was sent in accordance with this section creates a presumption that the notice requirements have been met even if the notice has not been received by the licensee or applicant.
(H) Nothing in this section prohibits a licensee or applicant from filing a petition for a modification of a support order or for any other applicable relief. However, only a petition filed in family court pursuant to subsection (B)(3) will stay the suspension or nonrenewal of a license.
(I) A person who releases information received by a 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 five hundred dollars or imprisoned not more than six months, or both.
(J) Information provided to a licensing entity pursuant to this section is subject to disclosure in accordance with the Freedom of Information Act.
(K) To the extent that funds are available, the Department of Social Services shall reimburse a licensing entity, from federal funds provided to the department, that portion of costs allowable in federal law and regulation for the enforcement and collection of child support payments and incurred by the licensing entity in carrying out the entity's responsibilities under this section.
Section 20-7-945. An individual, who is to receive court ordered child support and the payments are not to be paid to the individual through the clerk of court, may petition the family court requesting the court to direct all appropriate licensing entities to suspend the license of the individual who is ordered to pay the support if that individual is not in compliance with the order for support.
Section 20-7-946. All licensing entities shall provide the division, on magnetic tape or other machine-readable form in accordance with standards and procedures established by the division, information on licensees for use in establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) name;
(2) address of record;
(3) federal employee identification number or social security number;
(4) type of license;
(5) effective date of license or renewal;
(6) expiration date of license;
(7) active or inactive license status.
Section 20-7-947. The Department of Social Services shall promulgate regulations necessary to carry out this part and shall consult with licensing entities in developing these regulations."
SECTION 4. The 1976 Code is amended by adding:
"Section 20-7-936. (A) An employer doing business in this State shall report to the Division of Child Support Enforcement, Department of Social Services:
(1) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; and
(2) the hiring, rehiring, or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(B) An employer is not required to report the hiring of a person who:
(1) will be employed sporadically so that the employee will be paid for fewer than three hundred fifty hours during a continuous six-month period;
(2) will have gross earnings of less than three hundred dollars in every month; or
(3) will be employed temporarily for one month or less.
(C) An employer may report by mailing a copy of the employee's W-4 form or by any other means authorized by the Division of Child Support Enforcement which will result in timely reporting. An employer shall submit reports within five days of the hiring, rehiring, or return to work of the employee. The report shall contain:
(1) the employee's name, address, social security number, date of birth, and date of hire; and
(2) the employer's name, address, and any applicable identifying number.
(D) An employer who fails to report as required under this section is subject to a civil fine of two hundred fifty dollars.
(E) The Division of Child Support Enforcement shall retain the information for a particular employee only if the office is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe an obligation or debt, the office may not create a record regarding the employee and promptly shall destroy the information contained in the report.
(F) The Department of Social Services may promulgate regulations to establish additional exemptions from this section if needed to reduce unnecessary or burdensome reporting."
SECTION 5. The 1976 Code is amended by adding:
"Section 20-7-938. (A) The Division of Child Support Enforcement, Department of Social Services may publish in the state's newspapers the names of delinquent child support obligors who owe unpaid child support. Publication may include the places of residence and the amount of unpaid child support of each obligor.
(B) Newspapers and their employees are immune from criminal and civil liability as a result of publication under subsection (A) unless publication is a result of negligent or intentional misconduct."
SECTION 6. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item at the end:
"( ) to order a licensing entity, as defined in Section 20-7-941, to suspend the business, occupational, or professional license or the driver's license and the motor vehicle registration of an individual who, pursuant to an order for child support rendered or registered in a court of this State, is more than ninety days in arrears in making payments in full for current support, in making periodic payments on a support arrearage, or in making periodic payments on a reimbursement for public assistance."
SECTION 7. Sections 20-7-840 through 20-7-938 of the 1976 Code are designated as Part I of Subarticle 3, Article 9, Chapter 7, Title 20 and named "Child Support Proceedings and Enforcement."
SECTION 8. This act takes effect January 1, 1996.