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H. 4314
STATUS INFORMATION
General Bill
Sponsors: Reps. Hardwick and Hosey
Document Path: l:\council\bills\agm\18949mm08.doc
Introduced in the House on January 8, 2008
Currently residing in the House Committee on Judiciary
Summary: Minor or incapacitated person
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/5/2007 House Prefiled
12/5/2007 House Referred to Committee on Judiciary
1/8/2008 House Introduced and read first time HJ-29
1/8/2008 House Referred to Committee on Judiciary HJ-29
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 62-5-103, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACILITY OF PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO INCREASE THE MAXIMUM AMOUNT SO PAID OR DELIVERED FROM TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 62-5-103 of the 1976 Code, as last amended by Act 152 of 1997, is further amended to read:
"Section 62-5-103. A person under a duty to pay or deliver money or personal property to a minor or incapacitated person may perform this duty in amounts not exceeding ten twenty-five thousand dollars each year, by paying or delivering the money or property to:
(1) a person having the care and custody of the minor or incapacitated person with whom the minor or incapacitated person resides;
(2) a guardian of the minor or incapacitated person; or
(3) a financial institution incident to a deposit in a federally insured savings account in the sole name of the minor or for the minor under the Uniform Gifts to Minors Act and giving notice of the deposit to the minor.
This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor or incapacitated person are pending. The persons, other than the minor or incapacitated person or a financial institution under (3) above, receiving money or property for a minor or incapacitated person, are obligated to apply the money for the benefit of the minor or incapacitated person with due regard to (i) the size of the estate, the probable duration of the minority or incapacity, and the likelihood that the minor or incapacitated person, at some future time, may be able fully to manage his affairs and his estate; (ii) the accustomed standard of living of the minor or incapacitated person and members of his household; and (iii) other funds or sources used for the support of the minor or incapacitated person, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's or incapacitated person's support. Money or other property received on behalf of a minor or incapacitated person may not be used by a person to discharge a legal or customary obligation of support that may exist between that person and the minor or incapacitated person. Excess sums must be preserved for future benefit of the minor or incapacitated person, and a balance not used and property received for the minor or incapacitated person must be turned over to the minor when he attains majority or to the incapacitated person when he is no longer incapacitated. Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application of it."
SECTION 2. This act takes effect upon approval by the Governor.
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