Monday, January 25, 2010
NEW HIRE REPORTING--COMPARING STATUTORY LANGUAGE WITH LETTER FROM DSS
Let us pretend for a few minutes that you are the owner of a large South Carolina construction company who received this letter from the South Carolina Department of Social Services advising you that you must report all new hires and rehires to the South Carolina Child Support Enforcement Division. Naturally, you would take it to your attorney. And then your attorney would call your attention to South Carolina Code Ann. Section 63-17-1210 (1976, as amended) which clearly provides that new hire reporting is voluntary, rather than mandatory as indicated in the letter from DSS.
So what would you do? Would you ignore both your attorney and the General Assembly and both incur additional administrative costs and risk losing some of your employees to the barbwire hotel? Or would you file the DSS letter in the circular filing cabinet?
Labels: Child Support Collection, Civil Contempt, New Hire Reporting
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Why would the South Carolina legislature pass a law that conflicts with federal law?
# posted by 
: 8:54 AM
: 8:54 AM
We don't know the answer to your question if you are asking for the motivations of the members of the General Assembly. We assume, however, that this is a case of oversight rather than a case of defiance.
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