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389Ratification Number: 363Act Number: 333Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990121Primary Sponsor: MartinAll Sponsors: MartinDrafted Document Number: l:\s-res\lam\007exem.whb.docDate Bill Passed both Bodies: 20000526Date of Last Amendment: 20000406Governor's Action: SDate of Governor's Action: 20000606Subject: Court ordered levies or execution of judgments, disability benefits of debtor not applicable to exemption, TortsHistory 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.
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.
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