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. As we previously wrote, § 63-17-1210 South Carolina Ann. (1976, as amended) conflicts with 42 U. S. C. § 653a. § 43-5-598. On the other hand, as we have also previously noted, § 43-5-598 of South Carolina Code Ann. (1976, as amended) conforms with federal law and provides in relevant part, "This section remains in effect until the federal mandate requiring a mandatory new hire reporting program is repealed."

Clearly, the federal mandate requiring a mandatory new hire reporting program has not been repealed. Therefore, we wonder why a South Carolina State Senator would even consider introducing Legislation that would repeal the § 43-5-598.