Text: SF00381                           Text: SF00383
Text: SF00300 - SF00399                 Text: SF Index
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Senate File 382

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 627.6, subsections 5, 6, 9, and 10,
  1  2 Code 2001, are amended to read as follows:
  1  3    5.  The debtor's interest in household furnishings,
  1  4 household goods, and appliances held primarily for the
  1  5 personal, family, or household use of the debtor or a
  1  6 dependent of the debtor, not to exceed in value two four
  1  7 thousand dollars in the aggregate.
  1  8    6.  The interest of an individual in any accrued dividend
  1  9 or interest, loan or cash surrender value of, or any other
  1 10 interest in a life insurance policy owned by the individual if
  1 11 the beneficiary of the policy is the individual's spouse,
  1 12 child, or dependent.  However, the amount of the exemption
  1 13 shall not exceed ten fifteen thousand dollars in the aggregate
  1 14 of any interest or value in insurance acquired within two
  1 15 years of the date execution is issued or exemptions are
  1 16 claimed, or for additions within the same time period to a
  1 17 prior existing policy which additions are in excess of the
  1 18 amount necessary to fund the amount of face value coverage of
  1 19 the policies for the two-year period.  For purposes of this
  1 20 paragraph, acquisitions shall not include such interest in new
  1 21 policies used to replace prior policies to the extent of any
  1 22 accrued dividend or interest, loan or cash surrender value of,
  1 23 or any other interest in the prior policies at the time of
  1 24 their cancellation.
  1 25    In the absence of a written agreement or assignment to the
  1 26 contrary, upon the death of the insured any benefit payable to
  1 27 the spouse, child, or dependent of the individual under a life
  1 28 insurance policy shall inure to the separate use of the
  1 29 beneficiary independently of the insured's creditors.
  1 30    A benefit or indemnity paid under an accident, health, or
  1 31 disability insurance policy is exempt to the insured or in
  1 32 case of the insured's death to the spouse, child, or dependent
  1 33 of the insured, from the insured's debts.
  1 34    In case of an insured's death the avails of all matured
  1 35 policies of life, accident, health, or disability insurance
  2  1 payable to the surviving spouse, child, or dependent are
  2  2 exempt from liability for all debts of the beneficiary
  2  3 contracted prior to death of the insured, but the amount thus
  2  4 exempted shall not exceed fifteen thousand dollars in the
  2  5 aggregate.
  2  6    9.  Any combination of the following, not to exceed a value
  2  7 of five thousand seven thousand five hundred dollars in the
  2  8 aggregate:
  2  9    a.  Musical instruments, not including radios, television
  2 10 sets, or record or tape playing machines, held primarily for
  2 11 the personal, family, or household use of the debtor or a
  2 12 dependent of the debtor.
  2 13    b.  One motor vehicle.
  2 14    c.  In the event of a bankruptcy proceeding, the debtor's
  2 15 interest in accrued wages and in state and federal tax refunds
  2 16 as of the date of filing of the petition in bankruptcy, not to
  2 17 exceed one thousand dollars in the aggregate.  This exemption
  2 18 is in addition to the limitations contained in sections 642.21
  2 19 and 537.5105.
  2 20    10.  If the debtor is engaged in any profession or
  2 21 occupation other than farming, the proper implements,
  2 22 professional books, or tools of the trade of the debtor or a
  2 23 dependent of the debtor, not to exceed in value ten fifteen
  2 24 thousand dollars in the aggregate.  
  2 25                           EXPLANATION
  2 26    This bill increases the dollar values applicable to certain
  2 27 exempt property.  The bill provides that a debtor may hold
  2 28 exempt from execution household furnishings, household goods,
  2 29 and appliances, held primarily for the personal, family, or
  2 30 household use of the debtor or a dependent of the debtor, not
  2 31 to exceed $4,000 in the aggregate; an interest in a life
  2 32 insurance policy not to exceed $15,000 in the aggregate; any
  2 33 combination of musical instruments, a motor vehicle, and the
  2 34 debtor's interest in accrued wages and in state and federal
  2 35 tax refunds not to exceed $7,500 in the aggregate; and any
  3  1 professional books or tools of the trade of the debtor or a
  3  2 dependent of the debtor, not to exceed $15,000 in the
  3  3 aggregate.  
  3  4 LSB 2976XS 79
  3  5 rh/gg/8
     

Text: SF00381                           Text: SF00383
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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