Current Status Bill Number:951 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:DKA\3381HTC.96 Companion Bill Number:4622 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Judgment lien in favor of another state or subdivision
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19960109 Introduced, read first time, 11 SJ referred to Committee Senate 19951107 Prefiled, referred to Committee 11 SJView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-35-825 SO AS TO EXEMPT FROM PROCEEDINGS TO ENFORCE A JUDGMENT LIEN IN FAVOR OF ANOTHER STATE OR POLITICAL SUBDIVISION OF A STATE ON PROPERTY IN THIS STATE FOR FAILURE TO PAY THAT STATE'S OR POLITICAL SUBDIVISION'S INCOME TAX ON BENEFITS RECEIVED UNDER A PENSION OR OTHER RETIREMENT PLAN, TO PROVIDE THAT SUCH A JUDGMENT MUST NOT BE A LIEN ON ANY PROPERTY OWNED BY A RESIDENT OF THIS STATE, AND TO PROVIDE DEFINITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 35, Title 15 of the 1976 Code is amended by adding:
"Section 15-35-825. (A) As used in this section pension or other retirement plan includes:
(1) an annuity, pension, or profit-sharing or stock bonus or similar plan established to provide retirement benefits for an officer or employee of a public or private employer or for a self-employed individual;
(2) an annuity, pension, or military retirement pay plan or other retirement plan administered by the United States; and
(3) an individual retirement account.
(B) All property in this State is exempt from attachment, execution, and seizure for the satisfaction of a judgment or claim in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan.
(C) A claim or judgment in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan must not be a lien on any property in this State owned by a resident of this State."
SECTION 2. This act takes effect upon approval by the Governor and applies to judgments entered before, on, and after that date.