PARENT'S RIGHTS NOW!

Last week we posted a proposed amended version of § 63-17-1210 South Carolina Code Ann. (1976, as amended).* More important, Republican South Carolina State Senator Michael Rose introduced Legislation that attempts to bring South Carolina's New Hire Reporting Statute into conformity with federal law by repealing § 43-5-598 of the South Carolina Code and amending § 63-17-1210 to make the new hire reporting aspects of the law mandatory rather than voluntary.

We commend Senator Rose for his efforts. Unfortunately, while his proposed Bill does, in fact, address the problem we initially raised, we believe it creates other problems that may or may not be as severe. Additionally his proposed Bill itself conflicts with 42 U.S.C. § 653a. Moreover, by providing employers with additional time to comply with 42 U.S.C. § 653a and providing DSS with additional time to create a New Hire Reporting Directory Senator Rose is, in essence, admitting that South Carolina has been out of compliance of federal law for twelve years.

We have been lead to believe that DSS does not need additional time to create a New Hire Reporting Directory. In fact, Larry McKeown assured us that a New Hire Reporting Directory already exists and that thousands of South Carolina employers already comply with the new hire reporting mandates of 42 U.S.C. § 653a. So why not leave § 43-5-598 intact and immediately make the necessary changes to § 63-17-1210? In all likelihood, it will be weeks before the remedial Legislation can be signed into law by the Governor, so employers will have plenty of time to "voluntarily" comply with the current version of § 63-17-1210 now that they know a remedial Bill is in the pipeline. And, we would think that the AG's Office, the South Carolina State Senate, DSS, and the Office of the Lt. Governor would all want to make sure that they are presently in compliance with existing federal laws before any new and cumulative/repetitive South Carolina Laws come into effect.

We appreciate--in both senses of the word--what Senator Rose is up against in his efforts to rectify what was hopefully merely a mistake on the part of the South Carolina General Assembly. However, in drafting remedial Legislation, Senator Rose should remain cognizant of the fact that, as DSS has advised the General Assembly, South Carolina has been--and will continue to be--severely fined for its failure to comply with other aspects of the PRWORA. Moreover, the South Carolina General Assembly must be mindful of the fact that its failure to correct its New Hire Reporting Statute can be taken into consideration by the United States Department of Health and Human Services in deciding whether to continue to impose fines against South Carolina for its failure to implement a computerized child support collection and tracking system or whether to impose more severe penalties.

In short, while there is no upside for South Carolina allowing employers additional time to comply with § 63-17-1210 and 42 U.S.C. § 653a., there is a great deal of downside to Senator Rose's proposed Legislation. Therefore, unless the amended Legislation can be revised to "solve for pattern,"** it should be scrapped.

*Those who wish to review our proposed Legislation may view it at “REVISING SOUTH CAROLINA'S NEW HIRE REPORTING STATUTE TO CONFORM TO FEDERAL LAW.”