S*0389(Rat #0363, Act #0333 of 2000)  General Bill, By Martin
 A BILL 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.-AMENDED TITLE

   01/21/99  Senate Introduced and read first time SJ-7
   01/21/99  Senate Referred to Committee on Judiciary SJ-7
   04/05/00  Senate Committee report: Favorable with amendment
                     Judiciary SJ-5
   04/06/00  Senate Amended SJ-66
   04/06/00  Senate Read second time SJ-66
   04/11/00  Senate Read third time and sent to House SJ-8
   04/12/00  House  Introduced and read first time HJ-25
   04/12/00  House  Referred to Committee on Judiciary HJ-25
   05/24/00  House  Committee report: Favorable Judiciary HJ-2
   05/25/00  House  Read second time HJ-10
   05/25/00  House  Unanimous consent for third reading on next
                     legislative day HJ-11
   05/26/00  House  Read third time and enrolled HJ-3
   05/31/00         Ratified R 363
   06/06/00         Signed By Governor
   06/06/00         Effective date 06/06/00
   06/21/00         Copies available
   06/21/00         Act No. 333

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.