Current Status Bill Number:951 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:DKA\3381HTC.96 Companion Bill Number:4622 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Judgment lien in favor of another state or subdivision
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960109 Introduced, read first time, 11 SJ
referred to Committee
Senate 19951107 Prefiled, referred to Committee 11 SJ
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-35-825 SO AS TO EXEMPT FROM PROCEEDINGS TO ENFORCE A JUDGMENT LIEN IN FAVOR OF ANOTHER STATE OR POLITICAL SUBDIVISION OF A STATE ON PROPERTY IN THIS STATE FOR FAILURE TO PAY THAT STATE'S OR POLITICAL SUBDIVISION'S INCOME TAX ON BENEFITS RECEIVED UNDER A PENSION OR OTHER RETIREMENT PLAN, TO PROVIDE THAT SUCH A JUDGMENT MUST NOT BE A LIEN ON ANY PROPERTY OWNED BY A RESIDENT OF THIS STATE, AND TO PROVIDE DEFINITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 35, Title 15 of the 1976 Code is amended by adding:
"Section 15-35-825. (A) As used in this section pension or other retirement plan includes:
(1) an annuity, pension, or profit-sharing or stock bonus or similar plan established to provide retirement benefits for an officer or employee of a public or private employer or for a self-employed individual;
(2) an annuity, pension, or military retirement pay plan or other retirement plan administered by the United States; and
(3) an individual retirement account.
(B) All property in this State is exempt from attachment, execution, and seizure for the satisfaction of a judgment or claim in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan.
(C) A claim or judgment in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan must not be a lien on any property in this State owned by a resident of this State."
SECTION 2. This act takes effect upon approval by the Governor and applies to judgments entered before, on, and after that date.