S*0009(Rat #0225, Act #0199 of 2008)  General Bill, By Hayes, Campsen, Sheheen, 
McConnell, Mescher, McGill, Knotts, Fair and Elliott
 AN ACT TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE LEGAL REPRESENTATION OF CHILDREN AND THE APPOINTMENT OF
 GUARDIANS AD LITEM, SO AS TO PROVIDE THAT AN ATTORNEY GUARDIAN AD LITEM WHO IS
 APPOINTED BY THE COURT SHALL SERVE AS BOTH THE GUARDIAN AD LITEM AND LEGAL
 COUNSEL; AND TO AMEND SECTION 15-78-30, RELATING TO DEFINITIONS FOR PURPOSES
 OF THE TORT CLAIMS ACT, SO AS TO AMEND THE DEFINITION OF THE TERM "EMPLOYEE"
 TO INCLUDE A COURT APPOINTED REPRESENTATIVE. - ratified title

   11/29/06  Senate Prefiled
   11/29/06  Senate Referred to Committee on Judiciary
   01/09/07  Senate Introduced and read first time SJ-30
   01/09/07  Senate Referred to Committee on Judiciary SJ-30
   01/17/07  Senate Referred to Subcommittee: Ritchie (ch), Rankin,
                     Lourie, Scott
   03/28/07  Senate Committee report: Favorable with amendment
                     Judiciary SJ-18
   03/29/07  Senate Amended SJ-14
   03/29/07  Senate Read second time SJ-14
   04/03/07  Senate Read third time and sent to House SJ-18
   04/10/07  House  Introduced and read first time HJ-12
   04/10/07  House  Referred to Committee on Judiciary HJ-12
   03/26/08  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   03/27/08  House  Amended HJ-21
   03/27/08  House  Read second time HJ-23
   03/27/08  House  Unanimous consent for third reading on next
                     legislative day HJ-23
   03/28/08  House  Read third time and returned to Senate with
                     amendments HJ-1
   04/09/08  Senate Concurred in House amendment and enrolled SJ-110
   04/10/08         Ratified R 225
   04/16/08         Signed By Governor
   04/21/08         Copies available
   04/21/08         Effective date 04/16/08
   04/28/08         Act No. 199

(A199, R225, S9)

AN ACT TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL REPRESENTATION OF CHILDREN AND THE APPOINTMENT OF GUARDIANS AD LITEM, SO AS TO PROVIDE THAT AN ATTORNEY GUARDIAN AD LITEM WHO IS APPOINTED BY THE COURT SHALL SERVE AS BOTH THE GUARDIAN AD LITEM AND LEGAL COUNSEL; AND TO AMEND SECTION 15-78-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TORT CLAIMS ACT, SO AS TO AMEND THE DEFINITION OF THE TERM "EMPLOYEE" TO INCLUDE A COURT APPOINTED REPRESENTATIVE.

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

Child abuse and neglect, attorney guardians ad litem

SECTION    1.    Section 20-7-110(1) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:

"(1)    Children must be appointed legal counsel and a guardian ad litem by the family court. In the event the individual appointed as the guardian ad litem is an attorney guardian ad litem, the appointed individual shall serve as the guardian ad litem and legal counsel. The court must not, absent extraordinary circumstances, appoint additional legal counsel to represent an attorney guardian ad litem. The appointed attorney guardian ad litem must petition the family court for the appointment of legal counsel and set forth the extraordinary circumstances necessitating the appointment. Counsel for the child in no case may be the same as counsel for the parent, guardian, or other person subject to the proceeding or any governmental or social agency involved in the proceeding."

Tort Claims Act, definition of "employee"

SECTION    2.    Section 15-78-30(c) of the 1976 Code is amended to read:

"(c)    Prior to January 1, 1989, 'employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or a political subdivision of the State. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.

On or after January 1, 1989, 'employee' means any officer, employee, agent, or court appointed representative of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty including, but not limited to, technical experts whether with or without compensation, but the term does not include an independent contractor doing business with the State or a political subdivision of the State. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from a source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State."

Time effective

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

Ratified the 10th day of April, 2008.

Approved the 16th day of April, 2008.