House Study Bill 503



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON PAULSEN)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to exemptions for certain personal property from
  2    execution by creditors in state court debt collection and
  3    federal bankruptcy actions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5205YC 81
  6 rh/je/5

PAG LIN



  1  1    Section 1.  Section 627.6, subsections 1, 5, 9, and 13,
  1  2 Code 2005, are amended to read as follows:
  1  3    1.  All wearing apparel of the debtor and the debtor's
  1  4 dependents kept for actual use and the trunks or other
  1  5 receptacles necessary for the wearing apparel, not to exceed
  1  6 in value one thousand dollars in the aggregate.  In addition,
  1  7 the The debtor's interest in:
  1  8    a.  any Any wedding or engagement ring owned and or
  1  9 received by the debtor or the debtor's dependents on or before
  1 10 the date of marriage.  In addition, any interest in one or
  1 11 more wedding or engagement rings owned or received by the
  1 12 debtor and the debtor's dependents after the date of marriage
  1 13 but within two years of the date of execution is issued or an
  1 14 exemption is claimed, not to exceed a value equal to seven
  1 15 thousand dollars in the aggregate minus the amount claimed by
  1 16 the debtor and the debtor's dependents for any other jewelry
  1 17 claimed in paragraph "b".
  1 18    b.  All jewelry of the debtor and the debtor's dependents
  1 19 owned or received by the debtor and the debtor's dependents,
  1 20 not to exceed in value two thousand dollars in the aggregate.
  1 21    5.  The debtor's interest in all wearing apparel of the
  1 22 debtor and the debtor's dependents kept for actual use and the
  1 23 trunks or other receptacles necessary for the wearing apparel,
  1 24 musical instruments, household furnishings, and household
  1 25 goods and which include, but are not limited to, appliances,
  1 26 radios, television sets, record or tape playing machines,
  1 27 compact disc players, satellite dishes, cable television
  1 28 equipment, computers, software, printers, digital video disc
  1 29 players, video players, and cameras held primarily for the
  1 30 personal, family, or household use of the debtor or a
  1 31 dependent of the debtor and the debtor's dependents, not to
  1 32 exceed in value two seven thousand dollars in the aggregate.
  1 33    9.  Any combination of the following, not to exceed a value
  1 34 of five thousand dollars in the aggregate The debtor's
  1 35 interest in the following:
  2  1    a.  Musical instruments, not including radios, television
  2  2 sets, or record or tape playing machines, held primarily for
  2  3 the personal, family, or household use of the debtor or a
  2  4 dependent of the debtor.
  2  5    b.  One motor vehicle, not to exceed in value five thousand
  2  6 dollars in the aggregate.
  2  7    c.  b.  In the event of a bankruptcy proceeding, the
  2  8 debtor's interest in accrued wages and in state and federal
  2  9 tax refunds as of the date of filing of the petition in
  2 10 bankruptcy, not to exceed one thousand dollars in the
  2 11 aggregate.  This exemption is in addition to the limitations
  2 12 contained in sections 642.21 and 537.5105.
  2 13    13.  The debtor's interest, not to exceed one hundred
  2 14 thousand dollars in the aggregate, in any cash on hand, bank
  2 15 deposits, credit union share drafts, or other deposits,
  2 16 wherever situated, or other personal property not otherwise
  2 17 specifically provided for in this chapter.
  2 18    Sec. 2.  Section 627.6, Code 2005, is amended by adding the
  2 19 following new subsection:
  2 20    NEW SUBSECTION.  15.  The debtor's interest in the
  2 21 following payments reasonably necessary for the support of the
  2 22 debtor or the debtor's dependents:
  2 23    a.  Payments to or for the benefit of the debtor or the
  2 24 debtor's dependents resulting from the wrongful death of a
  2 25 decedent upon which the debtor or the debtor's dependents were
  2 26 dependent.
  2 27    b.  Payments compensating the debtor or the debtor's
  2 28 dependents for injuries to the debtor or the debtor's
  2 29 dependents.  Such payments shall not include payments for pain
  2 30 and suffering, compensation of actual pecuniary loss, lost
  2 31 wages, psychological or emotional distress, sexual harassment,
  2 32 and employment discrimination.
  2 33                           EXPLANATION
  2 34    This bill relates to exemptions for certain personal
  2 35 property from execution by creditors in state court debt
  3  1 collection and federal bankruptcy actions.
  3  2    The bill provides that any exempt wedding or engagement
  3  3 rings owned or received by a debtor and a debtor's dependents
  3  4 after marriage but within two years of the date execution is
  3  5 issued by a creditor or an exemption is claimed by the debtor
  3  6 and the debtor's dependents shall not exceed a value of $7,000
  3  7 in the aggregate minus up to $2,000 for any other jewelry
  3  8 claimed by the debtor and the debtor's dependents.  The
  3  9 current unlimited exemption for any wedding or engagement ring
  3 10 owned or received by a debtor and a debtor's dependents prior
  3 11 to or on the date of marriage remains intact.
  3 12    The bill specifies that the debtor and the debtor's
  3 13 dependents' interest in wearing apparel and household goods,
  3 14 including but not limited to radios, television sets, record
  3 15 or tape playing machines, compact disc players, satellite
  3 16 dishes, cable television equipment, computers, software,
  3 17 printers, digital video disc players, video players, and
  3 18 cameras held primarily for personal, family, and household use
  3 19 of the debtor and the debtor's dependents shall not exceed
  3 20 $7,000 in the aggregate.  Current law separately limits the
  3 21 wearing apparel exemption to $1,000 and household goods
  3 22 exemption to $2,000.
  3 23    The bill allows a debtor to claim an exemption on a motor
  3 24 vehicle not to exceed a value of $5,000 in the aggregate.
  3 25 Current law places no limitation on such an exemption.
  3 26    The bill increases the amount of the debtor's interest in
  3 27 any cash on hand, bank deposits, credit union share drafts, or
  3 28 other deposits or other personal property from $100 to $1,000.
  3 29    The bill creates a new exemption relating to a debtor's
  3 30 interest in support payments to include payments to or for the
  3 31 benefit of the debtor and the debtor's dependents resulting
  3 32 from the wrongful death of a decedent upon which the debtor
  3 33 and the debtor's dependents were dependent and payments
  3 34 compensating the debtor and the debtor's dependents for
  3 35 injuries to the debtor and the debtor's dependents, other than
  4  1 for pain and suffering, compensation of actual pecuniary loss,
  4  2 lost wages, psychological or emotional distress, sexual
  4  3 harassment, and employment discrimination.
  4  4 LSB 5205YC 81
  4  5 rh:rj/je/5