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Bill 4314

                    Current Status

Bill Number:                      4314
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000111
Primary Sponsor:                  Lucas
All Sponsors:                     Lucas
Drafted Document Number:          l:\council\bills\gjk\20822djc00.doc
Residing Body:                    House
Current Committee:                Agriculture, Natural Resources and 
                                  Environmental Affairs Com 20 HANR
Subject:                          Hunting, fishing licenses; may not 
                                  revocate for failure to pay child support; 
                                  Minors, Fish and Game


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000111  Introduced, read first time,           20 HANR
                  referred to Committee
House   19991201  Prefiled, referred to Committee        20 HANR


                             Versions of This Bill

TO AMEND SECTION 20-7-941, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SUPPORT ENFORCEMENT THROUGH LICENSE REVOCATION, SO AS TO REMOVE REVOCATION OF CERTAIN HUNTING, FISHING, AND TRAPPING LICENSES AS A MEANS OF ENFORCING CHILD SUPPORT, AND TO PROVIDE THAT THE DEFINITION OF LICENSING ENTITY OR ENTITY DOES NOT INCLUDE THE DEPARTMENT OF NATURAL RESOURCES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 20-7-941 of the 1976 Code, as last amended by Act 102 of 1995, is further amended to read:

"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.

(4) 'License' means:

(a) a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, and a commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for commercial use;

(b) 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;

(c) a hunting, fishing, or trapping license for recreational purposes and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for recreational purposes;

(d) a watercraft registration.

'License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support and the department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.

(5) 'Licensee' means an individual holding a license issued by a licensing entity.

(6) 'Licensing entity' or 'entity' means, for the purposes of issuing or revoking a license, a state agency, board, department, office, or commission that issues a license. However, it does not include the Department of Natural Resources.

(7) 'Order for support' means an 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 or an order for making periodic payments on a support arrearage."

SECTION 2. This act takes effect upon approval by the Governor.

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