H. B.2140
(By Delegates Fleischauer, Douglas, Hunt and Jenkins)
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[Introduced February 18, 1997; referred to the Committee
on the the Judiciary then 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 homestead
exemptions; clarifying provisions establishing a limited
exemption from attachment for debts for hospital or medical
expenses incurred from a catastrophic illness or injury;
providing technical revisions; increasing such exemption;
removing requirement for the promulgation of legislative
rules; and providing for liberal construction in favor of
debtors.
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.
(a) As of the
effective date of this article seventh day of June, one thousand nine hundred seventy-four, 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. 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 seventh day of June, one thousand
nine hundred seventy-four:
Provided, 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
in effect prior to
the seventh day of June one thousand nine hundred seventy-four,
such exemption shall for all purposes continue to be governed by
such former provisions
of this article.
(b)
(1) In addition to the exemption provided in subsection
(a) of this section
, and subject to the provisions of section
eleven-c, article five, chapter nine of this code, effective the
first day of July, one thousand nine hundred ninety-six, a homestead shall be exempt up to the value of seven thousand five
hundred dollars from all debts and liabilities for hospital or
medical expenses incurred from a catastrophic illness or injury.
Effective the first day of July, one thousand nine hundred
ninety-seven, such exemption shall be increased up to the value
of fifty thousand dollars.
(2) For purposes of this
section subsection, "catastrophic
illness or injury" means a medically verified illness or injury
for which any insurance or other applicable benefits have been
exhausted, and which incapacitates and creates a financial
hardship upon the debtor,
his or her the debtor's spouse
, or
sibling or
other dependent
of the debtor, who uses the homestead
as a principal home at the time the debt was incurred
and for
which there is no insurance or for which any insurance or other
applicable benefit has been exhausted.
(3) The exemption
provided by this section granted by the
provisions of this subsection shall expire upon the
date of the
death of the debtor, the death of the debtor's spouse or the
death of a disabled dependent of the debtor who uses the
homestead as a principal home, whichever is the later.
(4) The exemption
provided pursuant to granted by the
provisions of this subsection by operation of law shall not
render the homestead exempt from liens
and all or from other debts and liabilities
for hospital or medical expenses contracted
and incurred prior to the first day of July, one thousand nine
hundred ninety-six.
The tax commissioner shall propose for promulgation
legislative rules, not inconsistent with this section, in
accordance with the provisions of article three, chapter twenty- nine-a of this code, to establish the procedures for exempting
homesteads from debts and liabilities incurred from a
catastrophic illness or injury.
(c) The amendments to this section enacted during the
regular session of the Legislature in the year one thousand nine
hundred ninety-seven are intended to clarify the intent of the
Legislature in establishing the exemption granted by the
provisions of subsection(b) hereof, to increase the exemption
effective the first day of July, one thousand nine hundred
ninety-seven and to provide other technical revisions to this
section, and to this end, it is the intent of the Legislature
that the provisions of this section are to be liberally construed
in favor of a debtor claiming a homestead exemption for debts
incurred from a catastrophic illness or injury.
NOTE: This bill is recommended by the Joint Standing
Committee on the Judiciary for introduction and passage this
session.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.