H*4007(Rat #0766, Act #0650 of 1988)  General Bill, By Wilkins, T.E. Huff and 
J.T. McElveen
 A Bill to amend Section 20-7-420, Code of Laws of South Carolina, 1976,
 relating to family court jurisdiction in domestic matters, so as to provide
 for jurisdiction to compel action under the Children's Code, Protection from
 Domestic Abuse Act, and provisions protecting developmentally disabled and
 senile persons and to appoint and provide compensation for guardians ad litem
 and to provide for the court in marital litigation which prays for the
 allowance of suit money to allow a reasonable sum for the claim if it appears
 well-founded and for the assessment of suit money, including attorney fees,
 which must not be stayed by an appeal.-amended title

   03/17/88  House  Introduced and read first time HJ-2160
   03/17/88  House  Referred to Committee on Judiciary HJ-2160
   04/06/88  House  Committee report: Favorable with amendment
                     Judiciary HJ-2498
   04/14/88  House  Amended HJ-2966
   04/14/88  House  Read second time HJ-2967
   04/14/88  House  Unanimous consent for third reading on next
                     legislative day HJ-2967
   04/15/88  House  Read third time and sent to Senate HJ-3002
   04/19/88  Senate Introduced and read first time SJ-23
   04/19/88  Senate Referred to Committee on Judiciary SJ-23
   05/24/88  Senate Committee report: Favorable Judiciary SJ-49
   05/25/88  Senate Read second time SJ-46
   05/26/88  Senate Read third time and enrolled SJ-63
   06/02/88         Ratified R 766
   06/07/88         Signed By Governor
   06/07/88         Effective date 06/07/88
   06/07/88         Act No. 650
   06/16/88         Copies available

AN ACT TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION TO COMPEL ACTION UNDER THE CHILDREN'S CODE, PROTECTION FROM DOMESTIC ABUSE ACT, AND PROVISIONS PROTECTING DEVELOPMENTALLY DISABLED AND SENILE PERSONS AND TO APPOINT AND PROVIDE COMPENSATION FOR GUARDIANS AD LITEM AND TO PROVIDE FOR THE COURT IN MARITAL LITIGATION WHICH PRAYS FOR THE ALLOWANCE OF SUIT MONEY TO ALLOW A REASONABLE SUM FOR THE CLAIM IF IT APPEARS WELL-FOUNDED AND FOR THE ASSESSMENT OF SUIT MONEY, INCLUDING ATTORNEY'S FEES, WHICH MUST NOT BE STAYED BY AN APPEAL.

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

Jurisdiction expanded

SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding appropriately numbered items at the end to read:

"( ) To issue orders compelling public officials and officers to perform official acts under Chapter 7, Title 20, the Children's Code, Chapter 4, Title 20, Protection from Domestic Abuse Act, and Chapter 29, Title 43, Protective Services for Developmentally Disabled and Senile Persons.

( ) To appoint guardians ad litem and determine their compensation, fees, and costs and to assess as compensation, fees, and costs against the person represented by the guardian ad litem or against any other person or party involved in the action."

Marital litigation; reasonable suit money

SECTION 2. Section 20-7-420(2) of the 1976 Code is amended to read:

"(2) To hear and determine actions:

For divorce a vinculo matrimonii, separate support and maintenance, legal separation, and in other marital litigation between the parties, and for settlement of all legal and equitable rights of the parties in the actions in and to the real and personal property of the marriage and attorney's fees, if requested by either party in the pleadings.

In any action where either party in his or her complaint, answer, counterclaim, or motion for pendente lite relief prays for the allowance of suit money pendente lite and permanently, the court shall allow a reasonable sum for the claim if it appears well-founded. Suit money, including attorney's fees, may be assessed for or against any party to any action brought in or subject to the jurisdiction of the family court. An award of temporary attorney's fees or suit costs must not be stayed by an appeal of the award."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.