H 3759 Session 110 (1993-1994)
H 3759 General Bill, By W.S. Houck, M.O. Alexander, D.W. Beatty, A.W. Byrd,
Carnell, R.S. Corning, J.H. Neal, Robinson, I.K. Rudnick, Scott and Wilkins
A Bill to amend Section 34-31-20, Code of Laws of South Carolina, 1976,
relating to legal rate of interest, so as to establish the legal interest at
prime rate plus one percent; to provide that the rate for money decrees and
judgments is prime rate plus three percent; and to provide how prime rate is
to be calculated.
03/23/93 House Introduced and read first time HJ-12
03/23/93 House Referred to Committee on Judiciary HJ-13
04/27/93 House Committee report: Favorable with amendment
Judiciary HJ-8
05/06/93 House Debate adjourned until Tuesday, May 11, 1993 HJ-63
05/12/93 House Objection by Rep. Baxley, Haskins, Harrelson, D.
Smith, HJ-20
05/12/93 House Objection by Rep. Richardson & Beatty HJ-20
05/12/93 House Objection withdrawn by Rep. Beatty HJ-26
05/19/93 House Objection withdrawn by Rep. Richardson HJ-57
05/27/93 House Debate adjourned until Monday, May 31, 1993 HJ-134
06/01/93 House Debate adjourned until Wednesday, June 2, 1993 HJ-7
06/02/93 House Debate adjourned until Thursday, June 3, 1993 HJ-22
06/03/93 House Objection by Rep. Kelley HJ-17
06/03/93 House Objection withdrawn by Rep. D. Smith HJ-19
06/03/93 House Objection by Rep. Delleney HJ-20
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 27, 1993
H. 3759
Introduced by REPS. Houck, Robinson, Scott, Carnell, Corning, Byrd,
M.O. Alexander, Neal, Wilkins, Beatty and Rudnick
S. Printed 4/27/93--H.
Read the first time March 23, 1993.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 3759), to amend Section 34-31-20,
Code of Laws of South Carolina, 1976, relating to legal rate of interest,
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, by striking all after the enacting
words and inserting:
/SECTION 1. Section 34-31-20 of the 1976 Code is amended to
read:
"Section 34-31-20. (A) In all cases of accounts stated and
in all cases wherein any in which a sum or sums of
money shall must be ascertained and, being due, shall
draw interest according to law, the legal interest shall be
is at the rate of eight and three-fourths percent per
annum prime rate plus two percent per annum beginning from
the date of default.
(B) All money decrees and judgments of courts enrolled or entered
shall draw interest according to law. The legal interest shall be
is at the prime rate of fourteen percent
plus four percent per annum. The prime rate in effect on
January first of each year is the applicable prime rate for legal interest
for a money decree or judgment during that year. The prime rate is
calculated as the base rate on corporate loans posted by at least
seventy-five percent of thirty of the nation's largest banks as published
in the Wall Street Journal.
(C) Court administration annually shall compute and distribute
to magistrates and clerks of court the appropriate rates of interest in
accordance with this section within five business days after the first day
of January. At the time a money decree or judgment is enrolled or
entered the clerk of court also shall enter the interest rate in effect on
that date."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
JAMES H. HODGES, for Committee.
A BILL
TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO LEGAL RATE OF INTEREST,
SO AS TO ESTABLISH THE LEGAL INTEREST AT PRIME RATE
PLUS ONE PERCENT; TO PROVIDE THAT THE RATE FOR
MONEY DECREES AND JUDGMENTS IS PRIME RATE PLUS
THREE PERCENT; AND TO PROVIDE HOW PRIME RATE IS TO
BE CALCULATED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 34-31-20 of the 1976 Code is amended to read:
"Section 34-31-20. (A) In all cases of accounts stated and
in all cases wherein any in which a sum or sums of
money shall must be ascertained and, being due, shall
draw interest according to law, the legal interest shall be
is at the rate of eight and three-fourths percent per
annum prime rate plus one percent per annum.
(B) All money decrees and judgments of courts enrolled or entered
shall draw interest according to law. The legal interest shall be
is at the prime rate of fourteen percent
plus three percent per annum. The prime rate in effect on
January first of each year is the applicable prime rate for legal interest
that year. The prime rate is calculated as the base rate on corporate
loans posted by at least seventy-five percent of thirty of the nation's
largest banks as published in the Wall Street Journal."
SECTION 2. This act takes effect upon approval by the Governor.
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