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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:
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."
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 shall does not stay the execution of the judgment unless the presiding judge before whom the judgment was obtained shall grant grants a stay of execution; but after notice of appeal has been given the .
(2) A plaintiff shall 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 which the defendant may sustain by reason of such the sale in case the judgment is reversed. Nor shall the The plaintiff in such a case be allowed to may not proceed with a sale of defendant's property if the defendant do enter 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 which the plaintiff may sustain by reason of the appeal or to produce the property levied on and submit to the sale in case if the judgment be 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."
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.
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