FILED MAR 0! 2106

• SENATE FILE ;2_3 <1 ( BY COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3002)

Passed Senate, Date ~~~~-~~ Passed House, Date

Vote: Ayes .5'() Nays 0 Vote: Ayes Nays

Approved t?,.,4if tfl~ ~~~

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 6

7

8

9 ....,.,

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Y SENATE FILE 2301 S-5027

1 Amend Senate File 2301 as follows: 2 3 4 5 6

1. Page 2, by striking line 30 and inserting following: "medical expenses, past and future earnings, and past and future loss of bodily functions."

2. By renumbering as necessary. By LARRY McKIBBEN

S-5027 FILED MARCH 7, 2006

the

TLSB 5205SV 81

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S.F. H.F.

1 Section 1. Section 627.6, subsections 1, 5, 9, and 13,

2 Code 2005, are amended to read as follows:

3 1. Aii-weariftg-a~~arei-o£-tfie-oebtor-aftd-tfie-debtor~~

4 de~eftdeftt~-~e~t-£or-aet~ai-~~e-aftd-the-tr~ft~~-er-other

5 reee~taeie8-fteee88ary-£er-tfie-weariftg-a~~arei7-ftet-te-exeeeo

6 ift-~ai~e-ofte-tfio~88ftd-doiiar~-ift~the-aggregateT--~ft-aooitioft7 7 the The debtor's interest in~

8 ~ afty Any wedding or engagement ring owned afto or

9 received by the debtor or the debtor's dependents oft-er-be£ere 10 tfie-date-o£-marriage. However, any interest acquired in one

11 or more wedding or engagement rings owned or received by the

12 debtor or the debtor's dependents after the date of marriage

13 and within two years of the date the execution is issued or an

14 exemption is claimed shall not exceed a value equal to seven

15 thousand dollars in the aggregate minus the amount claimed by

16 the debtor for any other jewelry claimed in paragraph "b".

17 b. All jewelry of the debtor and the debtor's dependents

18 owned or received by the debtor or the debtor's dependents, 19 not to exceed in value two thousand dollars in the aggregate. 20 5. The debtor's interest in all wearing apparel of the

21 debtor and the debtor's dependents kept for actual use and the

22 trunks or other receptacles necessary for the wearing apparel,

23 musical instruments, household furnishings, and household

24 goods aftd which include, but are not limited to, appliancesL 25 radios, television sets, record or tape playing machines,

26 compact disc players, satellite dishes, cable television

27 equipment, computers, software, printers, digital video disc 28 players, video players, and cameras held primarily for the

29 personal, family, or household use of the debtor er-a

30 oe~eftdeftt-o£-the-debtor and the debtor's dependents, not to

31 exceed in value two seven thousand dollars in the aggregate.

32 9. Afty-eombiftatieft-e£-the-£eiiowiftg,-ftet-to-exeeed-a-~ai~e

33 e£-£i~e-tho~88ftd-doiiar~-ift-the-aggregate The debtor's

34 interest in the following: 35 a. M~8ieai-ift8tr~meftt8,-ftot-iftei~oiftg-radio8,-teie~i~ioft

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S.F.;231 I H.F .

1 se~s7-er-reeerd-er-~epe-pley~ftg-mee~~ftes,-~eld-pr~mar~ly-£er

2 ~~e-persoftal7-£am~ly,-er-~eHse~eid-Hse-e£-tfie-debter-er-a

3 depeftdeft~-o£-~fie-deb~er.

4 b. One motor vehicle, not to exceed in value seven

5 thousand dollars in the aggregate.

6 e. ~ In the event of a bankruptcy proceeding, the

7 debtor's interest in accrued wages and in state and federal

8 tax refunds as of the date of filing of the petition in

9 bankruptcy, not to exceed one thousand dollars in the

10 aggregate. This exemption is in addition to the limitations

11 contained in sections 642.21 and 537.5105.

12 13. The debtor's interest, not to exceed one ~Hftdred

13 thousand dollars in the aggregate, in any cash on hand, bank

14 deposits, credit union share drafts, or other deposits,

15 wherever situated, or other personal property not otherwise

• 16 specifically provided for in this chapter.

•

17 Sec. 2. Section 627.6, Code 2005, is amended by adding the

18 following new subsection:

19 NEW SUBSECTION. 15. The debtor's interest in the

20 following payments reasonably necessary for the support of the

21 debtor or the debtor's dependents:

22 a. Payments to or for the benefit of the debtor or the

23 debtor's dependents, including structured settlements,

24 resulting from the wrongful death of a decedent upon which the

25 debtor or the debtor's dependents were dependent.

26 b. Payments to or for the benefit of the debtor or the

27 debtor's dependents, including structured settlements,

28 resulting from bodily injuries to the debtor or the debtor's

29 dependents. Such payments shall include past and future

30 medical expenses, earnings, and loss of bodily functions.

31 Such payments shall not include payments for pain and

32 suffering, emotional distress, and punitive damages or damages

33 resulting from emotional distress, sexual harassment, or

34 employment discrimination.

35 EXPLANATION

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S.F. H.F.

1 This bill relates to exemptions for certain personal

2 property from execution by creditors in state court debt

3 collection and federal bankruptcy actions.

4 The bill provides that any exempt wedding or engagement

5 rings owned or received by a debtor or a debtor's dependents

6 after the date of marriage and within two years of the date

7 the execution is issued or an exemption is claimed shall not

8 exceed a value of $7,000 in the aggregate minus up to $2,000

9 for any other jewelry claimed by the debtor.

10 The bill specifies that the debtor and the debtor's

11 dependents• interest in wearing apparel and household goods,

12 including but not limited to radios, television sets, record

13 or tape playing machines, compact disc players, satellite

14 dishes, cable television equipment, computers, software,

15 printers, digital video disc players, video players, and

16 cameras held primarily for personal, family, and household use

17 of the debtor and the debtor's dependents shall not exceed

18 $7,000 in the aggregate. Current law separately limits the

19 wearing apparel exemption to $1,000 and household goods

20 exemption to $2,000.

21 The bill allows a debtor to claim an exemption on a motor

22 vehicle not to exceed a value of $7,000 in the aggregate.

23 Current law places no limitation on such an exemption.

24 The bill increases the amount of the debtor's interest in

25 any cash on hand, bank deposits, credit union share drafts, or

26 other deposits or other personal property from $100 to $1,000.

27 The bill creates a new exemption relating to a debtor's

28 interest in support payments to include payments to or for the

29 benefit of the debtor or the debtor's dependents, including

•

•

30 structured settlements, resulting from the wrongful death of a

31 decedent upon which the debtor or the debtor's dependents were

32 dependent, and payments to or for the benefit of the debtor or

33 the debtor's dependents, including structured settlements,

34 resulting from bodily injuries to the debtor or the debtor's •

35 dependents, including past and future medical expenses,

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S.F. ~3d ( H.F •

1 earnings, and loss of bodily functions. Such payments shall

2 not include payments for pain and suffering, emotional

3 distress, and punitive damages or damages resulting from

4 emotional distress, sexual harassment, or employment 5 discrimination.

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LSB 5205SV 81

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SENATE FILE ~~~ BY COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3002)

(AS AMENDED AND PASSED BY THE SENATE MARCH 14, 2006)

- New Language by the Senate

(?e,, Passed Senate, Date

vote: Ayes 50 Nays

Approved

Passed House,

Vote: Ayes

Date

Nays ---=0=------

A BILL FOR

1 An Act relating to exemptions for certain personal property from

2

3

execution by creditors in state court debt collection and

federal bankruptcy actions.

4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: ~ 5

6

7

8

9

10

11

12

13

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20

SF 2301

rh/cc/26

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S.F. Z'Of H.F.

1 Section 1. Section 627.6, subsections 1, 5, 9, and 13,

2 Code 2005, are amended to read as follows:

3 1. Aii-we8r±ftg-8~~8rei-e£-~he-aeb~er-8fto-~he-oeb~er~8

4 ae~eftoeft~s-ke~~-£er-ae~tlai-tl8e-afto-~he-~rtlftks-or-o~her

5 reee~~8eies-fteeess8ry-£er-~he-we8r±ftg-a~~arei,-fte~-~o-exceea

6 ±ft-~8itle-efte-~hotls8fto-aeii8rs-±ft-~he-aggrega~e.--fft-add±~±oft7 7 ~he The debtor's interest inl 8 ~ 8fty Any wedding or engagement ring owned afto or 9 received by the debtor or the debtor's dependents oft-or-be£ore

10 ~he-da~e-o£-marr±age. However, any interest acquired in one

11 or more wedding or engagement rings owned or received by the

12 debtor or the debtor's dependents after the date of marriage

13 and within two years of the date the execution is issued or an

14 exemption is claimed shall not exceed a value equal to seven 15 thousand dollars in the aggregate minus the amount claimed by

16 the debtor for any other jewelry claimed in paragraph "b".

17 b. All jewelry of the debtor and the debtor's dependents

18 owned or received by the debtor or the debtor's dependents,

19 not to exceed in value two thousand dollars in the aggregate.

20 5. The debtor's interest in all wearing apparel of the

21 debtor and the debtor's dependents kept for actual use and the

22 trunks or other receptacles necessary for the wearing apparel,

23 musical instruments, household furnishings, and household 24 goods afto which include, but are not limited to, appliancesL 25 radios, television sets, record or tape playing machines,

26 compact disc players, satellite dishes, cable television

27 equipment, computers, software, printers, digital video disc

28 players, video players, and cameras held primarily for the

29 personal, family, or household use of the debtor er-8

30 ae~eftoeft~-e£-~he-aeb~or and the debtor's dependents, not to

31 exceed in value ~we seven thousand dollars in the aggregate. 32 9. Afty-cemb±ft8~±eft-e£-~he-£eiiow±ftg,-fto~-~o-exceed-8-~aitle

33 e£-£±~e-~hotlS8ftd-aeii8rs-±ft-~he-8ggreg8~e The debtor's

34 interest in the following:

35 a. Mtls±c8i-±fts~rtlmeft~s,-fte~-±ftcitld±ftg-raa±es,-~eie~±s±eft

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S.F. Z~DI H.F •

1 ~e~~,-or-reeord-or-~e~e-~iey±ftg-meeh±fte~,-heid-~r±mer±iy-£or

2 ~he-per~oftei,-£sm±iy,-or-hotlsehoid-tlse-o£-~he-deb~or-or-s

3 depeftdeft~-o£-~he-deb~or.

4 b. One motor vehicle, not to exceed in value·seven

5 thousand dollars in the aggregate.

6 e. ~ In the event of a bankruptcy proceeding, the

7 debtor's interest in accrued wages and in state and federal

8 tax refunds as of the date of filing of the petition in

9 bankruptcy, not to exceed one thousand dollars in the

10 aggregate. This exemption is in addition to the limitations 11 contained in sections 642.21 and 537.5105. 12 13. The debtor's interest, not to exceed one htlftdred

13 thousand dollars in the aggregate, in any cash on hand, bank

14 deposits, credit union share drafts, or other deposits,

15 wherever situated, or other personal property not otherwise

16 specifically provided for in this chapter •

17 Sec. 2. Section 627.6, Code 2005, is amended by adding the

18 following new subsection:

19 NEW SUBSECTION. 15. The debtor's interest in the

20 following payments reasonably necessary for the support of the

21 debtor or the debtor's dependents:

22 a. Payments to or for the benefit of the debtor or the

23 debtor's dependents, including structured settlements,

24 resulting from the wrongful death of a decedent upon which the

25 debtor or the debtor's dependents were dependent. 26 b. Payments to or for the benefit of the debtor or the

27 debtor's dependents, including structured settlements, 28 resulting from bodily injuries to the debtor or the debtor's

29 dependents. Such payments shall include past and future

30 medical expenses, past and future earnings, and past and

31 future loss of bodily functions. Such payments shall not

32 include payments for pain and suffering, emotional distress,

33 and punitive damages or damages resulting from emotional 34 distress, sexual harassment, or employment discrimination.

35

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SF 2301

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SENATE FILE 2301 B-8531

1 ~end Senate File 2301, as amended, passed, and repr1nted by the Senate, as follows: 2

3 1. Page 2, line 29, by striking the words "past 4 and".

By ANDERSON of Page SWAIM of Davis

B-8531 FILED APRIL 11, 2006

' . ,; .Jill! lllllllll IIJIJLIII ·1;

SENATE FILE 2301 H-8554

1 Amend Senate File 2301, as amended, passed, and reprinted by the Senate, as follows: 2

3 4 5 6 7 8 9

10 11 12

1. Page 2, by striking lines 19 through 34 and inserting the following:

"NEW SUBSECTION. 15. The debtor's interest in payments reasonably necessary for the support of the debtor or the debtor's dependents to or for the benefit of the debtor or the debtor's dependents, including structured settlements, resulting from the wrongful death of a decedent upon which the debtor or the debtor's dependents were dependent."

2. By renumbering as necessary. By ANDERSON of Page

H-8554 FILED APRIL 18, 2006 ADOPTED

.. LIU tit~ ·~· HOUSE AMENDMENT TO

SENATE FILE 2301

S-5204 1 Amend Senate File 2301, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by striking lines 19 through 34 and

4 inserting the following: . . 5 "NEW SUBSECTION. 15. The debtor's 1nterest 1n 6 payments reasonably necessary for the support of the 7 debtor or the debtor's dependents to or for the 8 benefit of the debtor or the debtor's dependents, 9 including structured settlements, resulting from the ~

10 wrongful death of a decedent upon which the debtor or 1 11 the debtor's dependents were dependent." 12 2. By renumbering as necessary.

. RECEIVED FROM THE HOUSE

S-5204 FILED APRIL 18, 2006 CONCURRED

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Passed Senate, Date Vote: Ayes Nays ---

succeeded By SF I HF ~:3DL

SENATE FILE __ _

BY (PROPOSED COMMITTEE ON

JUDICIARY BILL BY

CO-CHAIRPERSONS KREIMAN

AND MILLER)

Passed House, Date Vote: Ayes Nays ----

Approved --------------------------

A BILL FOR

1 An Act relating to exemptions for certain personal property from

2

3

4

5

6

7

8

9

10

11

12

13

14

15

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17

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19

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21

BE

execution by creditors in state court debt collection and

federal bankruptcy actions. IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

TLSB 5205SC 81

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S.F.

1 Section 1. Section 627.6, subsections 1, 5, 9, and 13, 2 Code 2005, are amended to read as follows:

3 1. A~~-weariftg-a~~are~-e£-t~e-dehtor-aftd-t~e-debtor~s

4 de~eftdeftts-ke~t-£or-aettta~-ttse-aftd-t~e-trttftks-er-ot~er 5 reee~tae~es-fteeessary-£or-t~e-weariftg-a~~are~7-ftot-to-exeeed

6 ift-~a~tte-ofte-thottsaftd-do~~ars-ift-t~e-aggregate.--%ft-additioft7 7 t~e The debtor's interest in: 8 a. afty Any wedding or engagement ring owned aftd or 9 received by the debtor or the debtor's dependents on or before

10 the date of marriage. In addition, any interest in one or 11 more wedding or engagement rings owned or received by the 12 debtor and the debtor's dependents after the date of marriage 13 but within two years of the date of execution is issued or an 14 exemption is claimed, not to exceed a value equal to seven 15 thousand dollars in the aggregate minus the amount claimed by 16 the debtor and the debtor's dependents for any other jewelry 17 claimed in paragraph "b". 18 b. All jewelry of the debtor and the debtor's dependents 19 owned or received by the debtor and the debtor's dependents, 20 not to exceed in value two thousand dollars in the aggregate. 21 5. The debtor's interest in all wearing apparel of the 22 debtor and the debtor's dependents kept for actual use and the 23 trunks or other receptacles necessary for the wearing apparel, 24 musical instruments, household furnishings, and household 25 goods aftd which include, but are not limited to, appliancesL 26 radios, television sets, record or tape playing machines, 27 compact disc players, satellite dishes, cable television 28 equipment, computers, software, printers, digital video disc 29 players, video players, and cameras held primarily for the 30 personal, family, or household use of the debtor or-a 31 de~eftdeftt-o£-t~e-debtor and the debtor's dependents, not to 32 exceed in value two seven thousand dollars in the aggregate. 33 9. Afty-eombiftatioft-o£-t~e-£o~~owiftg7-ftot-to-exeeed-a-~a~tte

34 o£-£i~e-thettsaftd-do~~ars-ift-t~e-aggregate The debtor's 35 interest in the following:

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S.F. H.F. --------

1 a. Mtte~ee%-~fie~rttmeft~s,-fto~-~fte%ttd~ftg-red~os,-~e%e~±e~oft

2 ee~e,-or-reeord-or-~e~e-~%ey~ftg-mee"~ftee7-he%d-~r~mer~%y-£or

3 ~he-~ereofte%,-£em±%y,-or-"ottseho%d-ttee-o£-~he-deh~or-or-e

4 de~eftdeft~-o£-~he-deh~or.

5 h• One motor vehicle, not to exceed in value five thousand 6 dollars in the aggregate. 7 e. b. In the event of a bankruptcy proceeding, the 8 debtor's interest in accrued wages and in state and federal 9 tax refunds as of the date of filing of the petition in

10 bankruptcy, not to exceed one thousand dollars in the 11 aggregate. This exemption is in addition to the limitations 12 contained in sections 642.21 and 537.5105. 13 13. The debtor's interest, not to exceed one httftdred

14 thousand dollars in the aggregate, in any cash on hand, bank 15 deposits, credit union share drafts, or other deposits, 16 wherever situated, or other personal property not otherwise 17 specifically provided for in this chapter. 18 Sec. 2. Section 627.6, Code 2005, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION. 15. The debtor's interest in the 21 following payments reasonably necessary for the support of the 22 debtor or the debtor's dependents: 23 a. Payments to or for the benefit of the debtor or the 24 debtor's dependents resulting from the wrongful death of a 25 decedent upon which the debtor or the debtor's dependents were 26 dependent. 27 b. Payments compensating the debtor or the debtor's 28 dependents for injuries to the debtor or the debtor's 29 dependents. Such payments shall not include payments for pain

30 and suffering, compensation of actual pecuniary loss, lost

31 wages, psychological or emotional distress, sexual harassment, 32 and employment discrimination.

33 EXPLANATION 34 This bill relates to exemptions for certain personal 35 property from execution by creditors in state court debt

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S.F. H.F. ----

1 collection and federal bankruptcy actions. 2 The bill provides that any exempt wedding or engagement 3 rings owned or received by a debtor and a debtor's dependents 4 after marriage but within two years of the date execution is 5 issued by a creditor or an exemption is claimed by the debtor 6 and the debtor's dependents shall not exceed a value of $7,000 7 in the aggregate minus up to $2,000 for any other jewelry 8 claimed by the debtor and the debtor's dependents. The 9 current unlimited exemption for any wedding or engagement ring

10 owned or received by a debtor and a debtor's dependents prior 11 to or on the date of marriage remains intact. 12 The bill specifies that the debtor and the debtor's 13 dependents' interest in wearing apparel and household goods, 14 including but not limited to radios, television sets, record 15 or tape playing machines, compact disc players, satellite 16 dishes, cable television equipment, computers, software, 17 printers, digital video disc players, video players, and 18 cameras held primarily for personal, family, and household use 19 of the debtor and the debtor's dependents shall not exceed 20 $7,000 in the aggregate. Current law separately limits the 21 wearing apparel exemption to $1,000 and household goods 22 exemption to $2,000. 23 The bill allows a debtor to claim an exemption on a motor 24 vehicle not to exceed a value of $5,000 in the aggregate. 25 Current law places no limitation on such an exemption. 26 The bill increases the amount of the debtor's interest in 27 any cash on hand, bank deposits, credit union share drafts, or 28 other deposits or other personal property from $100 to $1,000. 29 The bill creates a new exemption relating to a debtor's

30 interest in support payments to include payments to or for the

31 benefit of the debtor and the debtor's dependents resulting 32 from the wrongful death of a decedent upon which the debtor 33 and the debtor's dependents were dependent and payments 34 compensating the debtor and the debtor's dependents for 35 injuries to the debtor and the debtor's dependents, other than

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S.F. H. F. ----

1 for pain and suffering, compensation of actual pecuniary loss,

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lost wages,

harassment,

psychological or emotional distress, sexual

and employment discrimination.

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LSB 5205SC 81

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• SENATE FILE 2301

AN ACT RELATING TO EXEMPTIONS FOR CERTAIN PERSONAL PROPERTY FROM

EXECUTION BY CREDITORS IN STATE COURT DEBT COLLECTION AND FEDERAL BANKRUPTCY ACTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

Section 1. Section 627.6, subsections 1, 5, 9, and 13, Code-2005, are amended to read as follows:

1. Arr-wearin~-apparei-e£-ehe-debter-and-the-debter~a

dependenta-~ept-£or-aetttar-tlae-and-the-trttn~s-or-other

reeeptaerea-neeessary-£or-the-wearin~-appareiT-not-to-exeeed

in-vartle-one-ehetlsand-dorrara-in-the-a~gregateT--in-additionT

the The debtor's interest in~ ~ any sny wedding or engagement ring owned and or

received by the debtor or the debtor's dependents on-er-be£ore the-date-o£-marria~e. However, any interest acquired in one or more wedding or engagement rings owned or received by the debtor or the debtor's dependents after the date of marriage and within two years of the date the execution is issued or an exemption is claimed shall not exceed a value equal to seven thousand dollars in the aggregate minus the amount claimed by the debtor for any other iewelry claimed in paragraph "b".

b. All jewelry of the debtor and the debtor's dependents owned or received by the debtor or the debtor's dependents, not to exceed in value two thousand dollars in the aggregate.

5. The debtor's interest in all wearing apparel of the debtor and the debtor's dependents kept for actual use and the

• • Senate File 2301, p. 2

trunks or other receptacles necessary for the wearing apparel, musical instruments, household furnishings, and household goods and which include, but are not limited to, appliancesL radios, television sets, record or tape playing machines, compact disc players, satellite dishes, cable television equipment, computers, software, printers, digital video disc players, video players, and cameras held primarily for the personal, family, or household use of the debtor or-a dependent-o£-the-debtor and the debtor's dependents, not to exceed in value two ~ thousand dollars in the aggregate.

9. Any-eombination-o£-ehe-£eirowingT-net-to-exeeed-a-vaitte o£-£ive-tho~aand-doriars-in-the-aggregate The debtor's interest in the following:

a. Mttsieai-instr~ments,-not-inertldin~-radios,-teievision

seea,-or-reeord-er-tape-piayin~-maeh~nes,-herd-primariiy-£or

the-personaiT-£amiiyT-or-ho~aeheid-ttse-o£-ehe-debeor-or-a

dependent-o£-the-debeorT bT One motor vehicle, not to exceed in value seven

thousand dollars in the aggregate. eT ~ In the event of a bankruptcy proceeding, the

debtor's interest in accrued wages and in state and federal tax refunds as of the date of filing of the petition in bankruptcy, not to exceed one thousand dollars in the aggregate. This exemption is in addition to the limitations contained in sections 642.21 and 537.5105.

13. The debtor's interest, not to exceed one h~ndred thousand dollars in the aggregate, in any cash on hand, bank deposits, credit union share drafts, or other deposits, wherever situated, or other personal property not otherwise specifically provided for in this chapter.

Sec. 2. Section 627.6, Code 2005, is amended by adding the following new subsection:

NEW SUBSECTION. 15. The debtor's interest in payments reasonably necessary for the support of the debtor or the debtor's dependents to or for the benefit of the debtor or the

S.F. 2301

Senate File 2301, p. 3

debtor's dependents, including structured settlements, ~ resulting from the wrongful death of a decedent upon which the

debtor or the debtor's dependents were dependent.

JEFFREY M. LAMBERTI

President of the Senate

CHRISTOPHER C. RANTS

Speaker of the House

I hereby certify that this bill originated in the Senate and

is known as Senate File 2301, Eighty-first General Assembly.

Approved ---------------' 2006

THOMAS J. VILSACK

Governor

MICHAEL E. MARSHALL

Secretary of the Senate

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