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A216, R269, H4823
STATUS INFORMATION
General Bill
Sponsors: Reps. Harrison, Merrill, Altman, Clemmons, Hagood, Haskins, Jennings, Rutherford, Scott, Simrill, Sinclair, J.E. Smith, Talley, Taylor and Delleney
Document Path: l:\council\bills\ms\7081mm04.doc
Introduced in the House on February 19, 2004
Introduced in the Senate on March 9, 2004
Passed by the General Assembly on April 7, 2004
Governor's Action: April 26, 2004, Signed
Summary: Tobacco, Master Settlement Agreement
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/19/2004 House Introduced and read first time HJ-59
2/19/2004 House Referred to Committee on Judiciary HJ-60
3/2/2004 House Member(s) request name added as sponsor: Delleney
3/3/2004 House Committee report: Favorable Judiciary HJ-1
3/4/2004 House Read second time HJ-16
3/4/2004 House Unanimous consent for third reading on next legislative
day HJ-17
3/5/2004 House Read third time and sent to Senate HJ-1
3/9/2004 Senate Introduced and read first time SJ-17
3/9/2004 Senate Referred to Committee on Finance SJ-17
4/1/2004 Senate Committee report: Favorable Finance SJ-15
4/6/2004 Senate Read second time SJ-31
4/7/2004 Senate Read third time and enrolled SJ-15
4/20/2004 Ratified R 269
4/26/2004 Signed By Governor
5/3/2004 Copies available
5/3/2004 Effective date 04/26/04
5/18/2004 Act No. 216
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A216, R269, H4823)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-47-40 SO AS TO PROVIDE FOR AN AUTOMATIC STAY OF EXECUTION DURING APPELLATE REVIEW OF A JUDGMENT IN A CIVIL ACTION INVOLVING A PARTY TO THE MASTER SETTLEMENT AGREEMENT ENTERED INTO IN CONNECTION WITH THE TOBACCO ESCROW FUND ACT AND TO AMEND SECTION 18-9-130, RELATING TO THE EFFECT OF NOTICE OF APPEAL ON EXECUTION OF JUDGMENT, SO AS TO REFLECT THE AUTOMATIC STAY OF EXECUTION IN THOSE CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
Master Settlement Agreement; effect of appeal
SECTION 1. Chapter 47, Title 11 of the 1976 Code is amended by adding:
"Section 11-47-40. (A) The appeal of a judgment awarding relief in a civil action, under any legal theory, involving a signatory of the Master Settlement Agreement, as defined in Section 11-47-20(e), or a successor to or affiliate of a signatory to the agreement, automatically stays the execution of that judgment.
(B) The stay described in subsection (A) is effective upon the filing of the notice of appeal and during the entire course of appellate review of the judgment."
Automatic stay of execution
SECTION 2. Section 18-9-130 of the 1976 Code is amended to read:
"Section 18-9-130. (A)(1) A notice of appeal from a judgment directing the payment of money does not stay the execution of the judgment unless the presiding judge before whom the judgment was obtained grants a stay of execution.
(2) A plaintiff may not enforce a sale of property after a notice of appeal is filed without giving an undertaking or bond to the defendant, with two good sureties, in double the appraised value of the property or double the amount of the judgment, conditioned to pay all damages the defendant may sustain by reason of the sale in case the judgment is reversed. The plaintiff in such a case may not proceed with a sale of defendant's property if the defendant enters into an undertaking, with good sureties, in double the appraised value of the property or the amount of the judgment, to pay the judgment with legal interest and all costs and damages the plaintiff may sustain by reason of the appeal or to produce the property levied on and submit to the sale if the judgment is confirmed.
(B)(1) The appeal of a judgment awarding relief in a civil action, under any legal theory, involving a signatory of the Master Settlement Agreement, as defined in Section 11-47-20(e), or a successor to or affiliate of a signatory to the agreement, automatically stays the execution of that judgment.
(2) The stay described in this subsection is effective upon the filing of the notice of appeal and during the entire course of appellate review of the judgment."
Time effective
SECTION 3. This act takes effect upon approval by the Governor and applies to all cases pending on or filed on or after that date.
Ratified the 20th day of April, 2004.
Approved the 26th day of April, 2004.
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