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January 2008 Minutes

January 4, 2008 Conference Call

A conference call was held on January 4, 2008, at 12:00 noon.

Members Participating (10):
Leigh Flynn, Chair
Deborah Cochelin
Kathryn DeAngelo
Carole Gunter
Edwin Haskell
Catherine Kennedy
Catherine Miles
Franchelle Millender
Mitchell Payne
Eddie Weinberg

Bar Staff Participating (2):
Kali Turner
Carey Way

CALL TO ORDER: Ms. Flynn called the meeting to order and asked Mr. Payne, Chair of the Legislative Subcommittee, to preside. The Legislative Subcommittee presently consists of Mitchell Payne, Sarah Clingman, and Cat Angus with Mr. Payne serving as Chair and point person. Ms. Way announced that Kali Turner, South Carolina Bar Government Affairs Director, was in her office and would participate in the call.

Mr. Payne stated that Ms. Millender had provided a list of legislative matters that might be of interest to the Committee and that the PET Section Council had solicited two suggestions for the Committee's review. Ms. Way distributed a list of these matters to Committee members prior to the call. Mr. Payne stated that he would review any legislative matters pending from last year and would update the Committee on matters of potential interest. He stated copies of bills could be obtained at website www.scbar.org/member/legisinfo.

Ms. Turner reminded the Committee that she could monitor legislative matters but that the Committee would have to seek House of Delegate or Board of Governor approval before she could lobby for or against a matter. She also reported on general assembly session procedure. The Committee requested that Ms. Turner keep them updated on matters concerning health care, senior citizens, nursing homes, and disabilities.

The matters discussed and decisions made with no opposition were as follows:

S920 Provides that the DHEC may not remove a resident from such a community residential care facility if the resident, the resident's family, the resident's physician, and the facility agree to the resident's continued stay and if the facility is capable of providing or obtaining necessary services for the resident.

Decision: Mr. Payne reported he had reviewed a full copy of the bill. The matter was referred to the Legislative Subcommittee for study who would report back to the Committee for further discussion during the February meeting.

H4314 Increases the maximum amount that can be paid or delivered to a minor or incapacitated person from a personal injury settlement, wrongful death settlement, life insurance or as a beneficiary of an estate without appointment of a conservator from $10,000 to $25,000.

Ms. Millender reported this was an amendment to §62-5-103- facility of payment.

Decision: The matter was referred to the Legislative Subcommittee along with Ms. Millender for study who would report back with a proposal for discussion during the February meeting with the possibility of preparing necessary documentation for agenda inclusion for the February 22nd Board of Governors' meeting.

H4312 Provides that a guardianship, conservatorship, or other protective order established by reason of incapacity, and not merely minority, does not terminate automatically upon the attainment of the age of majority by the incapacitated person and to define Incapacitated Person for that purpose.

Decision: Ms. Turner would contact House member Kirsh and report back to the Committee as to his intention/reasoning for discussion during the February meeting. The Committee would further review with the possibility of proposing separate legislation.

H4333 Requires notaries public to determine the identity of each individual requesting a notarial act and to establish acceptable means of identification. Requires notaries public to keep a journal of notarial acts, to record specified entries in the journal for each notarial act, and to retain the journal for seven years after the date of the last recorded entry.

S870 Requires notaries public to determine the identity of each individual requesting a notarial act and to establish acceptable means of identification. Requires notaries public to keep a journal of notarial acts, to record specified entries in the journal for each notarial act, and to retain the journal for seven years after the date of the last recorded entry.

Decision: Ms. Turner would contact House member Jefferson and report back as to his intention/reasoning for discussion during the February meeting. She would also make liaisons for the Real Estate Practices, Probate, Estate Planning & Trust, and Family Law Sections aware of these legislative matters. Ms. Way would attempt to have this matter put on the agenda for the upcoming House of Delegates meeting to make sure they were aware of this pending legislation.

S861 Changes the qualifications for a judge of probate.

Decision: Committee supports. Ms. Way would draft a Memorandum for Mr. Payne's review and then the Committee's review at the February meeting with the possibility of preparing necessary documentation for agenda inclusion for the February 22nd Board of Governors meeting.

S885 Prohibits a person from admitting his parent to a hospital for medical treatment after depleting the parent's assets in a manner that would render the parent unable to satisfy the parent's financial obligation to the hospital arising from the parent's receipt of medical services provided by the hospital and enable a hospital housing an abandoned parent to discharge the patient and admit him to an appropriate nursing facility, and to require that the child who abandoned the parent be financially responsible.

Decision: Committee strongly opposes. Mr. Payne will draft a Memorandum and circulate it to other Legislative Subcommittee members prior to review at the February meeting with the possibility of inclusion on the agenda for the February 22nd Board of Governor's meeting.

S864 Licensure of In-home Care Provider Act

Decision: This matter was referred to the Legislative subcommittee for study who would report at the February meeting.

Following discussion on PET Section Council members solicited suggestions to remove "advanced age" from 62-5-401(2)(i) and for the Declaration of a Desire for a Natural Death law and the Health Care POA law to be written into one law with one form.

Decision: No position taken at this time. Ms. Way would provide the PET Section's liaison with the Committee's decision.

Ms. DeAngelo brought two other pieces of legislation to the Committee's attention:

H4366 A bill to amend §12-37-220, as amended, Code of Laws of South Carolina, 1976, relating to property tax exemptions, so as to provide that the homestead exemption allowed veterans, former law enforcement officers, and former firefighters, who are permanently and totally disabled as a result of a service-connected disability, their surviving spouses, and the surviving spouses of such persons who died in the line of duty, first applies for the property tax year in which the disability was certified or the death occurred.

H4359 A bill to amend the Code of Laws of South Carolina, 1976, by adding Article 9 to Chapter 1, Title 20 so as to enact the "Uniform Premarital Agreement Act" which provides requirements for the execution, content, and amendment or revocation of premarital agreements, the effect of marriage or a void marriage on such an agreement, the enforcement of such agreements, limitation of actions with regard to such an agreement, and the application and construction of this article.

Ms. DeAngelo also presented a status report on the work of the Summons/SC Rules of Civil Procedure [SCRCP] subcommittee of the Probate, Estate Planning, Trust Section/Council. She reported that she chairs that subcommittee and that they have been working diligently for more than a year toward the goal of legislative revisions to clarify the application of and coordinate the SCRCP to the Probate Code.

OTHER BUSINESS: Ms. Way reminded members to give her permission by January 7th if they wanted their contact information included on a roster to be distributed at "A Grand Affair" on January 10, 2008.

NEXT MEETING: The next meeting is scheduled for February 1, 2008, at noon in the Bar Boardroom.

ADJOURNMENT: Ms. Flynn adjourned the meeting.