SC H4234 | 2023-2024 | 125th General Assembly

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Passed on May 29 2024 - 100% progression
Action: 2024-05-29 - Act No. 200
Text: Latest bill text (Amended) [HTML]

Summary

Amend The South Carolina Code Of Laws By Amending Section 62-5-101, Relating To Definitions, So As To Revise The Definition Of "supports And Assistance"; By Amending Section 62-5-103, Relating To Facility Of Payment Or Delivery, So As To Clarify The Nature Of The Fifteen-thousand-dollar Threshold; By Amending Section 62-5-106, Relating To Duties Of Guardians Ad Litem, So As To Increase The Length Of Time The Guardian Ad Litem Has To Submit His Report Prior To The Hearing; By Amending Section 62-5-108, Relating To Emergency And Temporary Orders And Hearings, So As To Clarify Certain Aspects Of The Process; By Amending Sections 62-5-303, 62-5-303a, 62-5-303b, 62-5-303c, And 62-5-303d, All Relating To The Procedure For Court Appointment Of A Guardian, So As To Clarify Certain Aspects Of The Process; By Amending Section 62-5-307, Relating To Informal Requests For Relief, So As To Clarify The Ward's Ability To Submit Certain Requests To The Court; By Amending Section 62-5-401, Relating To Venues, So As To Clarify, Among Other Things, That, In The Case Of Minor Conservatorships, Proper Venue Is The County In Which The Minor Resides Or Owns Property; By Amending Section 62-5-403a, Relating To Service Of Summons And Petitions, So As To Include Certain Other Affidavits And Reports Among Those That Must Be Filed With The Petition; By Amending Section 62-5-403b, Relating To The Appointment Of Counsel And Guardians, So As To Appoint Nurse Practitioners, Physician Assistants, Nurses, And Psychologists To Serve As Examiners Under Certain Circumstances; By Amending Section 62-5-403c, Relating To Hearings And Waivers, So As To Revise, Among Other Things, Certain Procedures If No Party Requests A Hearing Or If The Alleged Incapacitated Individual Waives His Right To A Hearing; By Amending Section 62-5-405, Relating To Protective Arrangements, So As To Revise Certain Acts That May Be Performed By Conservators And Special Conservators; By Amending Section 62-5-422, Relating To Powers Of Conservators In Administration, So As To Make Conforming Changes Regarding The Payment Of Certain Fees; By Amending Section 62-5-426, Relating To Claims Against Protected Persons, So As To Require, Among Other Things, That The Claimant Also Must File A Written Statement Of The Claim With The Probate Court In Which The Conservatorship Is Under Administration; By Amending Section 62-5-428, Relating To Actions For Requests Subsequent To The Appointment, So As To, Among Other Things, Revise Certain Actions That The Court May Take After The Time For Response To The Petition Has Elapsed To All Parties Served; By Amending Section 62-5-433, Relating To Definitions And Procedures For Settlement Of Claims In Favor Of Or Against Minors Or Incapacitated Persons, So As To, Among Other Things, Define "guardian Ad Litem"; By Amending Section 62-5-715, Relating To Confirmations Of Guardianships Or Conservatorships Transferred From Other States, So As To Allow The Court More Discretion As To The Type Of Documents It May Require In The Transfer Of A Guardianship Or Conservatorship From Another Jurisdiction; By Amending Section 62-5-716, Relating To The Registration Of Orders From Another State, So As To, Among Other Things, Acknowledge That In Certain Other Jurisdictions, A Guardian May Also Hold The Same Powers As A Conservator; By Adding Section 62-6-401 So As To Establish A Transfer On Death; By Amending Sections 50-23-60, 50-23-70, 50-23-90, 50-23-130, 56-19-290, And 56-19-420, All Relating To The Transfer Of Property, So As To Include Reference To Transfer On Death; And By Amending Section 62-6-101, Relating To Definitions, So As To Define "owner", "transfer On Death", And "titled Personal Property". - Ratified Title

Tracking Information

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Title

Probate

Sponsors


Roll Calls

2024-05-09 - House - House: Concur In Senate Amendments (Y: 106 N: 0 NV: 9 Abs: 9) [PASS]
2024-05-09 - Senate - Senate: 3rd Reading (Y: 43 N: 0 NV: 0 Abs: 3) [PASS]
2024-05-08 - Senate - Senate: 2nd Reading (Y: 44 N: 0 NV: 0 Abs: 2) [PASS]
2024-03-20 - House - House: Passage Of Bill (Y: 109 N: 0 NV: 7 Abs: 7) [PASS]

History

DateChamberAction
2024-05-29 Act No. 200
2024-05-29 Effective date See Act for Effective Date
2024-05-21 Signed By Governor
2024-05-15 Ratified R 211
2024-05-09HouseRoll call Yeas-106 Nays-0
2024-05-09HouseConcurred in Senate amendment and enrolled
2024-05-09SenateRoll call Ayes-43 Nays-0
2024-05-09SenateRead third time and returned to House with amendments
2024-05-09SenateAmended
2024-05-08SenateRead second time
2024-05-08SenateRoll call Ayes-44 Nays-0
2024-05-08SenateAmended
2024-05-08 Scrivener's error corrected
2024-05-07SenateCommittee Amendment Adopted
2024-05-01SenateCommittee report: Favorable with amendment Judiciary
2024-04-05SenateReferred to Subcommittee: M.Johnson (ch), Sabb, Talley, Adams, Devine
2024-03-26SenateReferred to Committee on Judiciary
2024-03-26SenateIntroduced and read first time
2024-03-21HouseRead third time and sent to Senate
2024-03-20HouseRoll call Yeas-109 Nays-0
2024-03-20HouseRead second time
2024-03-20HouseAmended
2024-03-13 Scrivener's error corrected
2024-03-06HouseMember(s) request name added as sponsor: Mitchell
2024-03-06HouseCommittee report: Favorable with amendment Judiciary
2023-03-30HouseReferred to Committee on Judiciary
2023-03-30HouseIntroduced and read first time

Code Citations

ChapterArticleSectionCitation TypeStatute Text
5023130(n/a)See Bill Text
502360(n/a)See Bill Text
502370(n/a)See Bill Text
502390(n/a)See Bill Text
5619290(n/a)See Bill Text
5619420(n/a)See Bill Text
625101(n/a)See Bill Text
625103(n/a)See Bill Text
625106(n/a)See Bill Text
625108(n/a)See Bill Text
625303(n/a)See Bill Text
625307(n/a)See Bill Text
625401(n/a)See Bill Text
625403(n/a)See Bill Text
625405(n/a)See Bill Text
625422(n/a)See Bill Text
625426(n/a)See Bill Text
625428(n/a)See Bill Text
625433(n/a)See Bill Text
625715(n/a)See Bill Text
625716(n/a)See Bill Text
626101(n/a)See Bill Text
626401(n/a)See Bill Text

South Carolina State Sources

TypeSource
Summaryhttps://www.scstatehouse.gov/billsearch.php?billnumbers=4234&session=125&summary=B
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4234_20230330.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4234_20240306.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4234_20240313.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4234_20240320.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4234_20240501.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4234_20240507.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4234_20240508.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4234_20240508A.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4234_20240509.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4234_20240509A.htm
Supplementhttps://www.scstatehouse.gov/sess125_2023-2024/fiscalimpactstatements/H4234%202023-03-30%20introduced.pdf
Roll Callhttps://www.scstatehouse.gov/votehistory.php?KEY=24171
Roll Callhttps://www.scstatehouse.gov/votehistory.php?KEY=24815
Roll Callhttps://www.scstatehouse.gov/votehistory.php?KEY=24912
Roll Callhttps://www.scstatehouse.gov/votehistory.php?KEY=24943

Bill Comments

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