Bill 1164

                    Current Status

Bill Number:                    1164
Ratification Number:            410
Act Number:                     370
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19960221
Primary Sponsor:                Judiciary Committee SJ 11
All Sponsors:                   Judiciary Committee
Drafted Document Number:        jud6071.11
Date Bill Passed both Bodies:   19960522
Date of Last Amendment:         19960508
Governor's Action:              S
Date of Governor's Action:      19960529
Subject:                        Intestate succession

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960613  Act No. A370
------  19960529  Signed by Governor
------  19960523  Ratified R410
Senate  19960522  Concurred in House amendment, 
                  enrolled for ratification
House   19960509  Read third time, returned to Senate
                  with amendment
House   19960508  Amended, read second time
House   19960507  Debate adjourned until
                  Wednesday, 19960508
House   19960502  Amended
House   19960501  Committee report: Favorable with         25 HJ
                  amendment
House   19960229  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960228  Read third time, sent to House
Senate  19960222  Read second time, notice of
                  general amendments
Senate  19960221  Introduced, read first time,
                  placed on Calendar without reference

(A370, R410, S1164)

AN ACT TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PERMIT THE PROBATE COURT UNDER CERTAIN CONDITIONS TO DENY OR LIMIT EITHER OR BOTH PARENT'S SHARE OF THE PROCEEDS OF THE ESTATE OF AN INTESTATE DECEDENT IF THE COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT THE PARENT OR PARENTS FAILED TO REASONABLY SUPPORT THE DECEDENT AND DID NOT PROVIDE FOR THE NEEDS OF THE DECEDENT DURING HIS OR HER MINORITY; TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO EITHER OR BOTH PARENTS UNDER THE SAME CIRCUMSTANCES REFERRED TO ABOVE; AND TO AMEND SECTION 15-51-40, AS AMENDED, RELATING TO DAMAGES IN WRONGFUL DEATH ACTIONS, SO AS TO PERMIT THE PROBATE COURT TO DENY OR LIMIT EITHER OR BOTH PARENT'S ENTITLEMENT TO A SHARE OF THE PROCEEDS UNDER THE SAME CIRCUMSTANCES REFERRED TO ABOVE.

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

Parent's entitlement to proceeds may be limited

SECTION 1. Part I, Article 2, Chapter 2, Title 62 of the 1976 Code is amended by adding:

"Section 62-2-114. Notwithstanding any other provision of law, if the parents of the deceased would be the intestate heirs pursuant to Section 62-2-103(2), upon the motion of either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 20-7-40 and did not otherwise provide for the needs of the decedent during his or her minority."

Parent's entitlement to payments may be limited

SECTION 2. Section 42-9-140 of the 1976 Code, as last amended by Act 58 of 1989, is further amended to read:

"Section 42-9-140. (A) If the deceased employee leaves no dependents, the employer shall pay the commuted amounts provided for in Section 42-9-290 for whole dependents, less burial expenses which must be deducted from those commuted amounts, to his surviving nondependent children.

(B) If the deceased employee leaves no dependents or nondependent children, the employer shall pay the commuted amounts provided for in Section 42-9-290 for whole dependents, less burial expenses which must be deducted from those commuted amounts, to his father and mother, irrespective of age or dependency.

(C) If the deceased employee leaves a partial dependent or dependents as defined in Section 42-9-120, the employer shall pay compensation to those dependents, in accordance with Section 42-9-290, and the remainder of the commuted amounts provided for in Section 42-9-290, less burial expenses, which must be deducted from the commuted amounts, to his nondependent children. If no children survive the deceased employee, then the remainder must be paid to his father and mother, irrespective of age or dependency.

(D) If the deceased employee leaves no dependents or nondependent children or mother or father, then his employer shall pay to the deceased's personal representative the actual costs for burial expenses and the administration of the deceased's estate, and to the commission the commuted amounts provided for dependents under Section 42-9-290, to be expended in accordance with Section 42-9-400.

(E) If the deceased employee leaves partial dependents as defined in Section 42-9-120 and no children or mother or father, then his employer shall pay to that partial dependent in accordance with provisions found in Section 42-9-290 and shall pay to the deceased's personal representative the actual cost of burial expenses and the administration of the deceased's estate, and to the commission the remaining compensation, commuted as provided under Section 42-9-290, to be expended in accordance with Section 42-9-400.

(F) If amounts are payable to the mother and father of the deceased employee pursuant to subsections (B) and (C), upon the motion of either parent or any other potential party of interest based upon the decedent having died intestate, the commission may deny or limit either or both parent's entitlement for a share of the benefits if the commission determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 20-7-40 and did not otherwise provide for the needs of the decedent during his or her minority.

(G) Payment as prescribed in this section releases the employer from all death benefit liability."

Parent's entitlement to damages may be limited

SECTION 3. Section 15-51-40 of the 1976 Code, as last amended by Section 2, Act 470 of 1994, is further amended to read:

"Section 15-51-40. In every such action the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought. The amount so recovered shall be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her estate. However, upon motion by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 20-7-40 and did not otherwise provide for the needs of the decedent during his or her minority."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 29th day of May, 1996.