Thursday, February 26, 2009
IS FILING THE NEW HIRE REPORTING FORM MANDATORY IN SOUTH CAROLINA?
To paraphrase a television commercial, “we are not real lawyers.* And in our case, we do not even "play one on T. V." Still, we note that there appears to be a conflict between Sections 43-5-598 and 63-17-1210 of South Carolina Code Ann. (1976, as amended).
42 USC Sec. 653a, Section 43-5-598 South Carolina Code Ann. (1976, as amended), and this link, when read in conjunction, indicate that filing of the New Hire Reporting Form is mandatory. However, the clear language of recently enacted Section 63-17-1210 South Carolina Code Ann. (1976, as amended) indicates that participation in the “Employer New Hire Program” is voluntary rather than mandatory.
The South Carolina Legislature has apparently either overlooked the conflict between the Federal mandate and the permissive nature of the statutory scheme it enacted or does not agree that there is a conflict. However, considering that the United States government keeps fining South Carolina for failure to become compliant with Federal Laws in the area of child support, maybe the State Legislature should address the question of the apparent conflict. After all, this appears to be the $67 Million question.
*For the views of a real South Carolina lawyer log on to South Carolina Appellate Law Blog.
Labels: New Hire Reporting
