Senate Bill No. 62

(By Senators Whitlow, Scott, Yoder, Bowman, Chafin, Wagner, Blatnik, Boley, Minear, Ross, Love, Tomblin, Mr. President, Sharpe, Craigo, Jackson, Plymale, Bailey, Dittmar, Manchin, Buckalew, Deem, Kimble, Anderson, Oliverio, Dugan and Walker)

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[Introduced January 15, 1996; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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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 this article 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, further 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.




NOTE: The purpose of this bill is to exempt homesteads from attachment for debts for hospital or medical bills resulting from a catastrophic illness.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.