South Carolina General Assembly
110th Session, 1993-1994

Bill 3759


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3759
Primary Sponsor:                Houck
Type of Legislation:            GB
Subject:                        Interest, legal rate of
Residing Body:                  House
Computer Document Number:       436/11177AC.93
Introduced Date:                19930323
Last History Body:              House
Last History Date:              19930603
Last History Type:              Objection by Representative
Scope of Legislation:           Statewide
All Sponsors:                   Houck
                                Robinson
                                Scott
                                Carnell
                                Corning
                                Byrd
                                M.O. Alexander
                                Neal
                                Wilkins
                                Beatty
                                Rudnick
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3759  House   19930603      Objection by Representative          Delleney
3759  House   19930603      Objection withdrawn by                    D. Smith
                            Representative
3759  House   19930603      Objection by Representative          Kelley
3759  House   19930602      Debate adjourned until
                            Thursday, June 3, 1993
3759  House   19930601      Debate adjourned until
                            Wednesday, June 2, 1993
3759  House   19930527      Debate adjourned until
                            Monday, May 31, 1993
3759  House   19930519      Objection withdrawn by               Richardson
                            Representative
3759  House   19930512      Objection withdrawn by               Beatty
                            Representative
3759  House   19930512      Objection by Representative          Baxley
                                                                 Haskins
                                                                 Harrelson
                                                                 D. Smith
                                                                 Richardson
                                                                 Beatty
3759  House   19930506      Debate adjourned until
                            Tuesday, May 11, 1993
3759  House   19930427      Committee Report: Favorable     25
                            with amendment
3759  House   19930323      Introduced, read first time,    25
                            referred to Committee

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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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