South Carolina General Assembly
117th Session, 2007-2008

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Bill 3465

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Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 22, 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 3/22/07--H.

Read the first time February 7, 2007.

            

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.

Amend Title To Conform

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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