H 3465 Session 117 (2007-2008)
H 3465 General Bill, By F.N. Smith, Whipper, Agnew, Allen, Anderson, Anthony,
Bales, Bannister, Bowers, Branham, Brantley, Breeland, Ceips, Clyburn,
Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Funderburk, Govan,
Hagood, Harrison, Hart, Hayes, Herbkersman, Hosey, Jefferson, Jennings, Kelly,
Kennedy, Leach, Loftis, Lucas, Mack, Mitchell, Moss, J.H. Neal, J.M. Neal,
Parks, Perry, Sandifer, Scarborough, Scott, Sellers, G.M. Smith, Spires,
Stavrinakis, Talley, Thompson and Williams
A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO COMMENCEMENT OF CIVIL ACTIONS, SO AS TO PROVIDE THAT THE STATUTE
OF LIMITATIONS IS TOLLED UPON THE FILING OF A SUMMONS AND COMPLAINT AND TO
ALLOW AN ADDITIONAL ONE HUNDRED TWENTY DAYS TO ACCOMPLISH ACTUAL SERVICE UPON
THE PAYMENT OF A SEVENTY-FIVE-DOLLAR EXTENSION FEE.
02/07/07 House Introduced and read first time HJ-25
02/07/07 House Referred to Committee on Judiciary HJ-25
03/21/07 House Committee report: Favorable with amendment
Judiciary HJ-3
03/22/07 House Amended HJ-25
03/22/07 House Read second time HJ-26
03/22/07 House Unanimous consent for third reading on next
legislative day HJ-26
03/22/07 Scrivener's error corrected
03/23/07 House Read third time and sent to Senate HJ-2
03/27/07 Senate Introduced and read first time SJ-7
03/27/07 Senate Referred to Committee on Judiciary SJ-7
04/03/07 Senate Referred to Subcommittee: Moore (ch), Ford,
Rankin, Scott
05/23/07 Senate Committee report: Favorable with amendment
Judiciary SJ-59
05/24/07 Scrivener's error corrected
02/06/08 Senate Recommitted to Committee on Judiciary SJ-26
04/21/08 Senate Referred to Subcommittee: Martin (ch), Ford,
Ritchie, Knotts, Cleary
H. 3465
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 23, 2007
H. 3465
Introduced by Reps. F.N. Smith, Whipper, Agnew, Allen, Anderson, Anthony, Bales, Bannister, Bowers, Branham, Brantley, Breeland, Ceips, Clyburn, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Funderburk, Govan, Hagood, Hamilton, Harrison, Hart, Hayes, Herbkersman, Hosey, Jefferson, Jennings, Kelly, Kennedy, Leach, Loftis, Lucas, Mack, Mitchell, Moss, J.H. Neal, J.M. Neal, Parks, Perry, Sandifer, Scarborough, Scott, Sellers, G.M. Smith, Spires, Stavrinakis, Talley, Thompson and Williams
S. Printed 5/23/07--S. [SEC 5/24/07 2:09 PM]
Read the first time March 27, 2007.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 3465) to amend Section 15-3-20, Code of Laws of South Carolina, 1976, relating to commencement of civil actions, so as to provide that the statute of, 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, line 34, Section 15-3-20(B), as contained in SECTION 1, by striking line 34 in its entirety and inserting therein the following:
/ days after filing. However, the court may, upon good cause shown, grant an additional one /
Amend the bill further, as and if amended, page 1, line 40, as contained in SECTION 2, by striking line 40 in its entirety and inserting therein the following:
/ and applies to all cases filed after the effective date./
Renumber sections to conform.
Amend title to conform.
THOMAS L. MOORE for Committee.
A BILL
TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMENCEMENT OF CIVIL ACTIONS, SO AS TO PROVIDE THAT THE STATUTE OF LIMITATIONS IS TOLLED UPON THE FILING OF A SUMMONS AND COMPLAINT AND TO ALLOW AN ADDITIONAL ONE HUNDRED TWENTY DAYS TO ACCOMPLISH ACTUAL SERVICE UPON THE PAYMENT OF A SEVENTY-FIVE-DOLLAR EXTENSION FEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-3-20 of the 1976 Code is amended to read:
"Section 15-3-20. (A) Civil actions may only be commenced within the periods prescribed in this title after the cause of action has accrued, except when, in special cases, a different limitation is prescribed by statute.
(B) A civil action is commenced and the statute of limitations is tolled when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing. However, the court must grant an additional one hundred twenty days to complete service of process upon payment of an additional filing fee equivalent to the fee charged for the filing of a summons and complaint as set by the Supreme Court."
SECTION 2. This act takes effect upon approval by the Governor and applies to all cases pending on the effective date.
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