Senate Bill No. 253
(By Senators Whitlow, Chafin, Yoder and Bowman)
[Introduced February 3, 1995; referred to the Committee
A BILL to amend and reenact section three, article nine,
chapter thirty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
liens; homestead exemptions; and providing that homesteads
are exempt from attachment for debts for hospital or
medical bills for catastrophic illness.
Be it enacted by the Legislature of West Virginia:
That section three, article nine, chapter thirty-eight of
the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted to read as follows:
ARTICLE 9. HOMESTEAD EXEMPTIONS.
§38-9-3. Debts enforceable against homestead.
As of the effective date of the amendment of this section,
a homestead shall be exempt up to the value of five thousand dollars from all debts and liabilities, except debts incurred
for the purchase money thereof, or for the erection of
permanent improvements thereon, and claims for taxes or county
or district or municipal levies due thereon: Provided, That
the exemption herein granted by operation of law shall not
render the homestead exempt from liens and all other debts and
liabilities contracted and incurred prior to the effective date
of this article: Provided, however, That with respect to a
homestead exemption up to one thousand dollars perfected by
execution and recordation of a written instrument as required
under the former provisions of this article, such exemption
shall for all purposes continue to be governed by such former
provisions of this article: Provided further, That a homestead
shall be exempt from all debts and liabilities for debts for
hospital or medical bills for any catastrophic illness.