Committee Report

March 27, 2024

 

H. 4304

 

Introduced by Reps. Connell, Mitchell, Yow, Murphy, Elliott, Robbins, Collins, Pope and B. Newton

 

S. Printed 03/27/24--H.

Read the first time April 06, 2023

 

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The committee on House Judiciary

To whom was referred a Bill (H. 4304) to amend the South Carolina Code of Laws by adding Section 15-75-30 so as to permit parental and filial consortium claims, etc., respectfully

Report:

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

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill allows an unemancipated minor to maintain an action for damages upon the loss of companionship, aid, or other such services from his parent.  Likewise, the bill enables the parent of an unemancipated minor to maintain an action for damages upon the loss of companionship, aid, or other such services from his child.  In both instances, the damages sought may not include damages recovered prior thereto by the deceased or injured party.

 

Judicial reports that implementation of the bill may result in an increase in common pleas court caseloads, which can be managed using existing staff and appropriations.  Therefore, the bill will result in no expenditure impact for Judicial.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-75-30 SO AS TO PERMIT PARENTAL AND FILIAL CONSORTIUM CLAIMS.

 

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

 

SECTION 1.  Chapter 75, Title 15 of the S.C. Code is amended by adding:

 

    Section 15-75-30.  (A) An unemancipated minor may maintain an action for damages from an intentional or tortious violation of the right to the companionship, aid, society, and services of his parent. Provided that such action shall not include any damages recovered prior thereto by the injured parent.

    (B) A parent or legal guardian of an unemancipated minor child may maintain an action for damages from an intentional or tortious violation of the right to companionship, aid, society, and services of his unemancipated minor.  Provided that such action shall not include any damages recovered prior thereto by the injured unemancipated minor.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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