South Carolina General Assembly
114th Session, 2001-2002

Download This Version in Microsoft Word format

Bill 670

Indicates Matter Stricken
Indicates New Matter

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


Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 23, 2002

    S. 670

Introduced by Senator Land

S. Printed 1/23/02--S.

Read the first time May 8, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 670) to amend Section 62-5-414, Code of Laws of South Carolina, 1976, relating to compensation and expenses payable in connection with a protective proceeding in probate court, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 1, beginning on line 22, by striking SECTION 1 in its entirety and inserting therein the following:

    /    SECTION    1.     Section 62-5-414 of the 1976 Code is amended to read:

    "Section 62-5-414.    If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate, as determined by the court each of the following persons is entitled to reasonable compensation from the estate, as determined by the court:

    (1)    a visitor appointed in a protective proceeding;

    (2)    a lawyer appointed in a protective proceeding;

    (3)    a physician appointed in a protective proceeding;

    (4)    a conservator or special conservator appointed in a protective proceeding; and

    (5)    a lawyer representing a conservator in a protective proceeding."    /

    Renumber sections to conform.

    Amend title to conform.

DONALD H. HOLLAND for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    The Judicial Department indicates there would be no fiscal impact to the General Fund of the State nor on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND SECTION 62-5-414, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND EXPENSES PAYABLE IN CONNECTION WITH A PROTECTIVE PROCEEDING IN PROBATE COURT, SO AS TO PROVIDE FOR ATTORNEY'S FEES FROM THE ESTATE FOR THE LAWYER REPRESENTING THE CONSERVATOR IN THE PROCEEDING.

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

SECTION    1.    Section 62-5-414 of the 1976 Code is amended to read:

    "Section 62-5-414.    If not otherwise compensated for services rendered, any a visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding, and a lawyer who represents the conservator in a protective proceeding, is entitled to reasonable compensation from the estate, as determined by the court."

SECTION    2.    This act takes effect upon approval by the Governor and applies to protective proceeding filed after that date.

----XX----


This web page was last updated on Thursday, June 25, 2009 at 2:27 P.M.