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H. 3465
STATUS INFORMATION
General Bill
Sponsors: 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, 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
Document Path: l:\council\bills\ms\7154ahb07.doc
Introduced in the House on February 7, 2007
Introduced in the Senate on March 27, 2007
Last Amended on March 22, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Statute of limitations
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/7/2007 House Introduced and read first time HJ-25
2/7/2007 House Referred to Committee on Judiciary HJ-25
3/21/2007 House Committee report: Favorable with amendment Judiciary HJ-3
3/22/2007 House Amended HJ-25
3/22/2007 House Read second time HJ-26
3/22/2007 House Unanimous consent for third reading on next legislative
day HJ-26
3/22/2007 Scrivener's error corrected
3/23/2007 House Read third time and sent to Senate HJ-2
3/27/2007 Senate Introduced and read first time SJ-7
3/27/2007 Senate Referred to Committee on Judiciary SJ-7
4/3/2007 Senate Referred to Subcommittee: Moore (ch), Ford, Rankin, Scott
5/23/2007 Senate Committee report: Favorable with amendment Judiciary
SJ-59
5/24/2007 Scrivener's error corrected
2/6/2008 Senate Recommitted to Committee on Judiciary SJ-26
4/21/2008 Senate Referred to Subcommittee: Martin (ch), Ford, Ritchie,
Knotts, Cleary
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/7/2007
3/21/2007
3/22/2007
3/22/2007-A
5/23/2007
5/24/2007
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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.
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
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.
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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