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