Current Status Introducing Body:House Bill Number:5096 Primary Sponsor:Rudnick Committee Number:25 Type of Legislation:GB Subject:Mental health liens Residing Body:House Current Committee:Judiciary Computer Document Number:JIC/5892HTC.94 Introduced Date:19940414 Last History Body:House Last History Date:19940414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rudnick Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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5096 House 19940414 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 44-23-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MENTAL HEALTH LIENS, SO AS TO ADD A LIMITATION PROHIBITING ENFORCEMENT OF THE LIEN MORE THAN TEN YEARS AFTER ITS FILING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-23-1140 of the 1976 Code is amended to read:
"Section 44-23-1140. There is hereby created a general lien upon the real and personal property of any person who is receiving or who has received care or treatment in a State mental health facility, to the extent of the total expense to the State in providing the care, training, or treatment. The Department of Mental Health shall send to the clerk of court or the register of mesne conveyances in those counties having such officer and the judge of probate of the county of the patient's or trainee's known or last known residence a statement showing the name of the patient or trainee and the date upon which the lien attaches, which shall must be filed in the offices of the clerk of court or the register of mesne conveyances in those counties having such officer and the judge of probate in each county in which the patient or trainee then owns or thereafter acquires property, real or personal, and no charge shall may be made for this filing. From the time of filing in either office, the statement shall constitute constitutes due notice of the lien against all property then owned or thereafter acquired by the patient or trainee. No action to enforce the lien may be brought more than one year after the patient's or trainee's death or more than ten years after the lien is filed, whichever occurs first. This lien shall in no way affect affects the right of homestead."
SECTION 2. This act takes effect upon approval by the Governor.