South Carolina General Assembly
113th Session, 1999-2000

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Bill 4460

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Indicates Matter Stricken

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COMMITTEE REPORT

April 19, 2000

H. 4460

Introduced by Rep. McGee

S. Printed 4/19/00--H.

Read the first time January 19, 2000.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4460), to amend Section 27-39-230, Code of Laws of South Carolina, 1976, relating to the collection of rent by distress proceedings and the property exempt, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES H. HARRISON, for Committee.

A BILL

TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 27-39-230 of the 1976 Code is amended to read:

"Section 27-39-230. The following property shall be is exempt from distress for rent, to wit:

(1) personal clothing and food within the dwelling,;

(2) bedsteads, and ;

(3) bedding and cooking utensils.; and

(4) property which is owned by a third party for which the magistrate finds ownership was not transferred from the tenant to the third party for the purpose of avoiding distraint."

SECTION 2. Section 27-39-250 of the 1976 Code is amended to read:

"Section 27-39-250. If any property so distrained is not the property of the tenant, the tenant shall immediately name the owner thereof and inform the officer of the ownership, and the officer shall distrain sufficient other property of the tenant to pay the rent and costs. Even though property of the tenant must be first applied to payment of the rent and costs, all property upon the rented premises is subject to distress as herein provided, except property mentioned in Section 27-39-230. If at any time prior to sale as provided in Section 27-39-320, the landlord is given or receives written notice containing facts substantiating ownership that some of the distrained property is owned by a third party, the third party must receive notice, as provided in Section 27-39-210, and an opportunity to be heard, as provided in Section 27-39-220,. Before the distrained property of the third party is subject to sale pursuant to Section 27-39-320., the magistrate shall find, in a hearing, that the ownership of the property was transferred from the tenant to the third party for the purpose of avoiding distraint. If the magistrate does not make this finding, the property of the third party is exempt from distraint as provided in Section 27-39-230."

SECTION 3. This act takes effect upon approval by the Governor.

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