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Bill 389

                    Current Status

Bill Number:                      389
Ratification Number:              363
Act Number:                       333
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990121
Primary Sponsor:                  Martin
All Sponsors:                     Martin
Drafted Document Number:          l:\s-res\lam\007exem.whb.doc
Date Bill Passed both Bodies:     20000526
Date of Last Amendment:           20000406
Governor's Action:                S
Date of Governor's Action:        20000606
Subject:                          Court ordered levies or execution of 
                                  judgments, disability benefits of debtor not 
                                  applicable to exemption, Torts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000628  Act No. A333
------  20000606  Signed by Governor
------  20000531  Ratified R363
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            25 HJ
House   20000412  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20000411  Read third time, sent to House
Senate  20000406  Amended, read second time
Senate  20000405  Committee report: Favorable with       11 SJ
                  amendment
Senate  19990121  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on April 5, 2000 - Word format
Revised on April 6, 2000 - Word format
Revised on May 24, 2000 - Word format

(A333, R363, S389)

AN ACT TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL AND PERSONAL PROPERTY OF A DEBTOR THAT IS EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ANY MESNE OR FINAL PROCESS ISSUED BY ANY COURT OR BANKRUPTCY PROCEEDING, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN DISABILITY BENEFITS SUBJECT TO CERTAIN COURT ORDERED LEVIES OR EXECUTION OF JUDGMENTS; BY ADDING SECTION 15-41-33 SO AS TO PROVIDE THAT THE EXEMPTION FOR DISABILITY BENEFITS OF A DEBTOR FROM ATTACHMENT, LEVY, AND SALE UNDER ANY MESNE OR FINAL PROCESS ISSUED BY ANY COURT OR BANKRUPTCY PROCEEDING DOES NOT APPLY TO CERTAIN COURT ORDERED LEVIES OR EXECUTION OF JUDGMENTS; AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN SECTION 15-41-33 APPLY TO DISABILITY PAYMENTS RECEIVED PROSPECTIVELY.

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

Disability benefit exemption

SECTION 1. Section 15-41-30(10)(C) of the 1976 Code is amended to read:

"(C) a disability benefit, except as provided in Section 15-41-33, or an illness or unemployment benefit;"

Disability benefit exemption limitation

SECTION 2. Chapter 41, Title 15 of the 1976 Code is amended by adding:

"Section 15-41-33. The exemption for a disability benefit provided in Section 15-41-30(10)(C) does not apply with regard to a levy or execution of a judgment authorized by Section 17-25-323 or Section 17-25-325."

Prospective application of exemption limitation

SECTION 3. Section 2 applies with respect to a disability payment received on or after the effective date of this act.

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 9:05 A.M.