South Carolina General Assembly
115th Session, 2003-2004

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Bill 4575

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 31, 2004

H. 4575

Introduced by Reps. Sheheen, McGee and McLeod

S. Printed 3/31/04--H.

Read the first time January 20, 2004.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4575) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-7-862 so as to require a clerk of court to serve notice of a rule to show cause, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by deleting all after the enacting words and inserting:

/ SECTION    1.    Subarticle 3, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-862.    (A)    If the court issues a rule to show cause in a case of child support or periodic alimony arrearage, the court also shall provide written notice to the party owed the support. The notice must be provided at least five days before the hearing and must include the date, time, and place the party in arrears has been ordered to appear.

(B)    The clerk of court shall place in the case file a notice issued with the time and date stamped on it."

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

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Social Services and the Judicial Department state that this bill would have no impact on the General Fund of the State or on federal and/or other funds as the proposed legislation applies to the clerks of court.

LOCAL GOVERNMENT IMPACT:

Two county governments indicated enactment would have no impact, or minimal impact, upon implementation. One indicated the need for additional staff estimated at $50,000 annually to ensure written notification is provided.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT.

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

SECTION    1.    Subarticle 3, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-862.    If the court issues a rule to show cause in a case of child support or periodic alimony arrearage, the court also shall provide written notice to the party owed the support. The notice must be provided at least five days before the hearing and must include the date, time, and place the party in arrears has been ordered to appear."

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

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