South Carolina General Assembly
115th Session, 2003-2004

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H. 3151

STATUS INFORMATION

General Bill
Sponsors: Rep. Altman
Document Path: l:\council\bills\ggs\22694htc03.doc

Introduced in the House on January 14, 2003
Introduced in the Senate on April 24, 2003
Last Amended on April 23, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Settling claims for minors and incapacitated persons in Probate Court, jurisdictional amount raised to $35,000

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   12/4/2002  House   Prefiled
   12/4/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-63
   1/14/2003  House   Referred to Committee on Judiciary HJ-63
   4/16/2003  House   Committee report: Favorable with amendment Judiciary HJ-2
   4/23/2003  House   Amended HJ-49
   4/23/2003  House   Read second time HJ-52
   4/24/2003  House   Read third time and sent to Senate HJ-26
   4/24/2003  Senate  Introduced and read first time SJ-32
   4/24/2003  Senate  Referred to Committee on Judiciary SJ-32

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002
4/16/2003
4/23/2003

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 23, 2003

H. 3151

Introduced by Rep. Altman

S. Printed 4/23/03--H.

Read the first time January 14, 2003.

            

A BILL

TO AMEND SECTION 62-5-433, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTIONAL AMOUNTS IN CLAIMS FOR AND AGAINST MINORS AND INCAPACITATED PERSONS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT BELOW WHICH THESE CLAIMS MAY BE HEARD IN PROBATE COURT FROM TWENTY-FIVE THOUSAND TO THIRTY-FIVE THOUSAND DOLLARS.

Amend Title To Conform

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

SECTION    1.    Section 62-5-433 of the 1976 Code, as last amended by Act 398 of 2000, is further amended to read:

"Section 62-5-433.    (A)(1)    For purposes of this section and for any a claim exceeding twenty-five one hundred thousand dollars in favor of or against any a minor or incapacitated person, 'court' means the circuit court of the county in which the minor or incapacitated person resides or the circuit court in the county in which the suit is pending. For purposes of this section and for any a claim not exceeding twenty-five one hundred thousand dollars in favor of or against any a minor or incapacitated person, 'court' means either the circuit court or the probate court of the county in which the minor or incapacitated person resides or the circuit court or probate court in the county in which the suit is pending.

(2)    'Claim' means the net or actual amount accruing to or paid by the a minor or incapacitated person as a result of the settlement.

(3)    'Petitioner' means either a conservator appointed by the probate court for the a minor or incapacitated person or the guardian or guardian ad litem of the minor or incapacitated person if a conservator has not been appointed.

(B)    The settlement of any a claim over twenty-five one hundred thousand dollars in favor of or against any a minor or incapacitated person for the payment of money or the possession of personal property must be effected on his behalf in the following manner:

(1)    The petitioner must file with the court a verified petition setting forth all of the pertinent facts concerning the claim, payment, attorney's fees, and expenses, if any, and the reasons why, in the opinion of the petitioner, the proposed settlement should be approved. For all claims that exceed twenty-five one hundred thousand dollars, the verified petition must include a statement by the petitioner that, in his opinion, the proposed settlement is in the best interests of the minor or incapacitated person.

(2)    If, upon consideration of the petition and after hearing the testimony as it may require concerning the matter, the court concludes that the proposed settlement is proper and in the best interests of the minor or incapacitated person, the court shall issue its order approving the settlement and authorizing the petitioner to consummate it and, if the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, to receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.

(3)    The order authorizing the settlement must require that payment or delivery of the money or personal property be made through the conservator. If a conservator has not been appointed, the petitioner shall, upon receiving the money or personal property, pay and deliver it to the court pending the appointment and qualification of a duly appointed conservator. If a party subject to the court order fails or refuses to pay the money or deliver the personal property as required by the order, he is liable and punishable as for contempt of court, but failure or refusal does not affect the validity or conclusiveness of the settlement.

(C)    The settlement of any a claim that does not exceed twenty-five one hundred thousand dollars in favor of or against a minor or incapacitated person for the payment of money or the possession of personal property may be effected in any of the following manners:

(1)    If a conservator has been appointed, he may settle the claim without court authorization or confirmation, as provided in Section 62-5-424, or he may must petition the court for approval, as provided in items (1), (2), and (3) of subsection (B). If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the conservator shall receive the money or personal property after posting a proper bond pursuant to Section 62-5-411 and shall execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.

(2)    If a conservator has not been appointed, the guardian or guardian ad litem must petition the court for approval of the settlement, as provided in items (1) and (2) of subsection (B), and without the appointment of a conservator. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103 subsection (D) of this section if the amount or value does not exceed five thousand dollars. If the amount exceeds five thousand dollars but not twenty-five thousand dollars then the payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103. If the amount or value exceeds twenty-five thousand dollars the guardian or guardian ad litem must pay and deliver it to the court pending the appointment and qualification of a duly appointed conservator. If a party subject to the court order fails or refuses to pay the money or deliver the personal property, as required by the order and in accordance with Section 62-5-103, he is liable and punishable as for contempt of court and the money or property may be recovered from him, but failure or refusal does not affect the validity or conclusiveness of the settlement.

(D)    The settlement of any a claim that does not exceed two thousand five hundred five thousand dollars in favor of or against any a minor or incapacitated person for the payment of money or the possession of personal property may be effected by the parent or guardian of the minor or incapacitated person without court approval of the settlement and without the appointment of a conservator. If the settlement requires the payment of money or the delivery of personal property for the benefit of the minor or incapacitated person, the parent or guardian shall receive the money or personal property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person. The payment or delivery of money or personal property to or for a minor or incapacitated person must be made in accordance with Section 62-5-103."

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

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