South Carolina General Assembly
113th Session, 1999-2000

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Bill 951


                    Current Status

Bill Number:                      951
Ratification Number:              370
Act Number:                       339
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000111
Primary Sponsor:                  Alexander
All Sponsors:                     Alexander
Drafted Document Number:          l:\council\bills\pt\1716mm00.doc
Companion Bill Number:            4311
Date Bill Passed both Bodies:     20000526
Governor's Action:                S
Date of Governor's Action:        20000606
Subject:                          Commercial Code, purchase money security 
                                  interest, grace period for filing; Consumer 
                                  Affairs


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000628  Act No. A339
------  20000606  Signed by Governor
------  20000531  Ratified R370
House   20000526  Read third time, enrolled for
                  ratification
House   20000525  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   20000524  Committee report: Favorable            26 HLCI
House   20000223  Introduced, read first time,           26 HLCI
                  referred to Committee
Senate  20000222  Read third time, sent to House
Senate  20000217  Read second time
Senate  20000216  Committee report: Favorable            11 SJ
Senate  20000111  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  19991207  Prefiled, referred to Committee        11 SJ


              Versions of This Bill
Revised on February 16, 2000 - Word format
Revised on May 24, 2000 - Word format

View additional legislative information at the LPITS web site.


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

(A339, R370, S951)

AN ACT TO AMEND SECTIONS 36-9-301, 36-9-312, AND 36-9-313, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN CERTAIN TYPES OF COLLATERAL, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.

Be it enacted by the General Assembly of the State of South Carolina:

Priority over unperfected security interests

SECTION 1. Section 36-9-301(2) of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:

"(2) If the secured party files with respect to a purchase money security interest before or within twenty days after the debtor receives possession of the collateral, he takes priority over the rights of a transferee in bulk or of a lien creditor which arise between the time the security interest attaches and the time of filing."

Priorities of conflicting security interests

SECTION 2. Section 36-9-312(4) of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:

"(4) A purchase money security interest in collateral other than inventory has priority over a conflicting security interest in the same collateral or its proceeds if the purchase money security interest is perfected at the time the debtor receives possession of the collateral or within twenty days thereafter."

Priority of security interests in fixtures

SECTION 3. Section 36-9-313(4)(a) of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:

"(a) the security interest is a purchase money security interest, the interest of the encumbrancer or owner arises before the goods become fixtures, the security interest is perfected by a fixture filing before the goods become fixtures or within twenty days thereafter, and the debtor has an interest of record in the real estate or is in possession of the real estate; or"

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 31st day of May, 2000.

Approved the 6th day of June, 2000.

__________


This web page was last updated on Wednesday, December 9, 2009 at 9:09 A.M.