Current Status Bill Number:3860 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950323 Primary Sponsor:Limehouse, All Sponsors:Limehouse, Trotter, Herdklotz, Seithel, Simrill, Easterday, Fulmer, Hallman, Haskins, A. Young, Tripp, L. Whipper, Rhoad, Vaughn, Phillips, Robinson and Waldrop Drafted Document Number:GJK\21589AC.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Child support enforcement, license revocation
Body Date Action Description Com Leg Involved
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House 19950323 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT, BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF DRIVERS' LICENSES; AND TO DESIGNATE SECTIONS 20-7-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 20, Chapter 7, Article 9, Subarticle 3 of the 1976 Code is amended by adding:
Section 20-7-940. In addition to other qualifications necessary for holding a driver's license, an individual who is under an order for child support also is subject to the provisions of this part.
Section 20-7-941. (A) As used in this part:
(1) `Arrearage' means the total amount overdue under an order of support.
(2) `Compliance with an order for support' means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to two months' support obligation.
(3) `Division' means the Child Support Enforcement Division of the State Department of Social Services. Enforcement of the State Department of Social Services.
(4) `License' means a driver's license 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.
(5) `Licensee' means an individual holding a license issued by the licensing entity.
(6) `Licensing entity' or `entity' means for the purpose of issuing or revoking a license the Department of Revenue and Taxation and the Department of Public Safety.
(7) `Order for support' means a court order being enforced by the division under Title IV-D of the Social Security Act and which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final, and includes but is not limited to, an order for reimbursement for public assistance.
Section 20-7-942. If a licensee is out of compliance with an order for support, the licensee's license must be revoked unless within ninety days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division establishing a schedule for payment of the arrearage.
Section 20-7-943. The division shall obtain information on licensees pursuant to Section 20-7-944 for the purposes of establishing, enforcing, and collecting support obligations.
Section 20-7-944. In the manner and form prescribed by the division, the licensing entity monthly shall provide the division information on licensees for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) name;
(2) address of record;
(3) social security number;
(4) employer's name and address;
(5) type of license and driver's license number;
(6) effective date of license or renewal;
(7) expiration date of license;
(8) license status.
Section 20-7-945. (A) The division shall review the information received pursuant to Section 20-7-944 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that ninety days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to revoke the licensee's license unless the licensee pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage.
(B) Upon receiving the notice provided for in subsection (A), the licensee may:
(1) request a hearing with the division; however, issues the licensee may raise at the hearing are limited to whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support; or
(2) request to participate in negotiations with the division for the purpose of establishing a payment schedule for the arrearage.
(C) The division director or the division director's designees are authorized to and upon request of a licensee shall negotiate with a licensee to establish a payment schedule for the arrearage. Payments made under the payment schedule are in addition to the licensee's ongoing obligation under the order for support.
(D) Upon the division and the licensee reaching an agreement on a schedule for payment of the arrearage, the division director shall submit to the court a consent order containing the payment schedule which upon the court's approval is enforceable as any order of the court. If the court does not approve the consent order, the court may require a hearing on a case by case basis for the judicial review of the payment schedule agreement.
(E) If the licensee and the division do not reach an agreement establishing a schedule for payment of the arrearage, the licensee may petition the court to establish a payment schedule. However, this action does not stay the license revocation procedures.
(F) The notification given a licensee that the licensee's license will be revoked in ninety days clearly must state the remedies and procedures available to a licensee under this section.
(G) If at the end of the ninety days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement.
(H) Upon notice of the revocation the licensee may appeal the licensing entity's action under the entity's license revocation procedures. However, on appeal the licensee is limited to the issues of whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support. An appeal from the decision of the licensing entity may be taken as any other appeal from a decision of the licensing entity.
(I) If a licensee under a consent order entered into pursuant to this section, for the payment of an arrearage subsequently is out of compliance with an order for support, the division immediately may notify the licensing entity to revoke the license and the procedures provided for under subsection (B) do not apply; however the appeal provisions of subsection (H) apply.
(J) Notice required to the licensee under this section must be deposited in the United States mail with postage prepaid and addressed to the licensee at the last known address. The giving of the notice is considered complete ten days after the deposit of the notice. A certificate that the notice was sent in accordance with this part creates a presumption that the notice requirements have been met even if the notice has not been received by the licensee.
(K) Nothing in this section prohibits a licensee from filing a petition for a modification of a support order or for any other applicable relief. However, no such petition stays the license revocation procedure.
(L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies.
Section 20-7-946. (A) Information provided to the licensing entity pursuant to this section is subject to disclosure in accordance with the Freedom of Information Act.
(B) A person who releases information received by the 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 one thousand dollars or imprisoned not more than one year, or both.
Section 20-7-947. The State Department of Social Services may enter into interagency agreements with the licensing entity necessary to implement this part, to the extent that it is cost effective to implement this part. These agreements shall provide for the receipt of federal funds by the licensing entity to cover that portion of costs allowable in federal law and regulation and incurred by the licensing entity in implementing this part. Notwithstanding any other provision of law, revenue generated by the licensing entity must be used to fund the nonfederal share of costs incurred pursuant to this part. These agreements shall provide that the licensing entity shall reimburse the State Department of Social Services for the nonfederal share of costs incurred by the State Department of Social Services in implementing this part. The licensing entity shall reimburse the State Department of Social Services for the nonfederal share of costs incurred pursuant to this part from monies collected from licensees.
Section 20-7-948. The State Department of Social Services shall promulgate regulations necessary to carry out this part and shall consult with licensing entities in developing these regulations."
SECTION 2. Sections 20-70-840 through 20-7-938 of the 1976 Code are designated as Part I, Subarticle 3, Article 9, Chapter 7, Title 20 and named "Child Support Proceedings and Enforcement".
SECTION 3. This act takes effect upon approval by the Governor.