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

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.

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.