Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994
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Printed Page 3860, Mar. 30
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Printed Page 3879 . . . . . Wednesday, March 30,
1994
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with
amendments, on:
H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan,
Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: A BILL TO ENACT
THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF
LAWS
OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND
VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO AS TO REQUIRE
THE
COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE
THAT
A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS; TO AMEND SECTION
20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO
INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY
DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE
CERTAIN
PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO
AMEND
TITLE 20,
Printed Page 3880 . . . . . Wednesday, March 30,
1994
CHAPTER 7, ARTICLE 9, SUBARTICLE 5, RELATING TO THE UNIFORM RECIPROCAL
ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM
INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH
THE
INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL
ENFORCEMENT
PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM
ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO
PROVIDE FOR THE CONTINUED FORCE AND EFFECT OF LAWS AMENDED OR REPEALED BY
THE
UNIFORM INTERSTATE FAMILY SUPPORT ACT FOR CERTAIN PURPOSES; TO AMEND SECTION
43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT
PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO
COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES
HEALTH
CARE EXPENSES; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND
DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO ITS CHILD SUPPORT
PLAN, SO AS TO PROVIDE THAT THE ASSIGNMENT OF THE RIGHT TO SUPPORT INCLUDES
THE
RIGHT TO HEALTH CARE EXPENSES, THAT RECEIVING MEDICAID IS CONSIDERED TO BE AN
ASSIGNMENT OF THE RIGHT TO SUPPORT, AND TO PROVIDE THAT THE DEPARTMENT SHALL
DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN
OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS; TO AMEND
SECTION
44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING
HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO
COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS;
TO
AMEND THE CODE BY ADDING SECTION 44-63-75 SO AS TO REQUIRE SOCIAL SECURITY
NUMBERS ON BIRTH CERTIFICATES, MARRIAGE LICENSES, AND MARRIAGE CERTIFICATES;
TO
AMEND SECTION 44-63-165, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN
ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE
RELEASED
TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY
AND A CHILD SUPPORT ORDER AND
Printed Page 3881 . . . . . Wednesday, March 30,
1994
TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE
DEPARTMENT WITHOUT CHARGE; TO PROVIDE THAT THE DEPARTMENT OF SOCIAL
SERVICES
SHALL RECEIVE ALL FEDERAL MATCHING FUNDS AVAILABLE FOR THE CHILD SUPPORT
PROGRAM; TO DIRECT THE DEPARTMENT TO DEVELOP, IN CONJUNCTION WITH THE
DEPARTMENT
OF INSURANCE, A PROCEDURE FOR ATTACHING INSURANCE SETTLEMENTS FOR
COLLECTING
CHILD SUPPORT ARREARAGES; TO REQUIRE THE DEPARTMENT TO COLLABORATE WITH THE
SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO UTILIZE THE COMMISSION
BENEFIT
INTERCEPT PROGRAM FOR WITHHOLDING CHILD SUPPORT PAYMENTS; TO REQUIRE THE
DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT OF REVENUE AND TAXATION TO
REVISE
THE W-4 FORM TO CONTAIN INFORMATION RELATIVE TO CHILD SUPPORT OBLIGATIONS AND
TO
DEVELOP RECORD RETENTION PROCEDURES FOR CERTAIN INFORMATION; AND TO
PRESERVE
RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF
SUPPORT
ACT.
Ordered for consideration tomorrow.
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