2000 Legislation
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SENATE BILL NO. 1306 – Property, attachment/levy, exemptns

SENATE BILL NO. 1306

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S1306................................................by JUDICIARY AND RULES
PROPERTY - ATTACHMENT - Amends existing law to increase and add exemptions
from levy to be consistent with existing law; and to clarify that an
exemption from attachment or levy applied to an individual's aggregate
interest in tangible personal property is not to exceed eight hundred
dollars.
                                                                        
01/25    Senate intro - 1st rdg - to printing
01/26    Rpt prt - to Jud
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/14    3rd rdg - PASSED - 28-2-5
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Keough, King-Barrutia, Lee, McLaughlin, Noh, Richardson,
      Riggs, Risch, Sandy, Schroeder, Stegner, Thorne, Wheeler, Williams
      NAYS--Stennett, Whitworth
      Absent and excused--Branch, Ingram, Ipsen, Parry, Sorensen
    Floor Sponsor - Davis
    Title apvd - to House
02/15    House intro - 1st rdg - to Jud
03/28    Rpt out - rec d/p - to 2nd rdg
03/29    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 67-0-3
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
      Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
      Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Clark, Crow, Mr Speaker
    Floor Sponsor - Sellman
    Title apvd - to Senate
04/04    To enrol - rpt enrol - Pres signed
04/05    Sp signed
04/06    To Governor
04/12    Governor signed
         Session Law Chapter 231
         Effective: 04/12/00

Bill Text


 S1306
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1306
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ENFORCEMENT  OF  JUDGMENTS  IN  CIVIL  ACTIONS;  AMENDING  SECTION
  3        8-507C,  IDAHO  CODE, TO INCREASE AND ADD EXEMPTIONS FROM LEVY TO MAKE THE
  4        CODE SECTION CONSISTENT WITH EXISTING LAW AND TO MAKE A TECHNICAL  CORREC-
  5        TION;  AMENDING  SECTION  11-605, IDAHO CODE, TO CLARIFY THAT AN EXEMPTION
  6        FROM ATTACHMENT OR LEVY APPLIES TO AN INDIVIDUAL'S AGGREGATE  INTEREST  IN
  7        TANGIBLE PERSONAL PROPERTY NOT TO EXCEED EIGHT HUNDRED DOLLARS AND TO MAKE
  8        TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  8-507C, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        8-507C.  FORMS. The notice of  exemptions,  instructions  to  debtors  and
 13    third  parties,  and  the  claim of exemption shall be in a form substantially
 14    similar to the form hereinafter provided. The forms shall be made available in
 15    English and Spanish language translations in the offices of each county  sher-
 16    iff.  Notice,  written  in  Spanish, of the availability of these documents in
 17    Spanish translation shall be set forth on the notice of exemptions.
                                                                        
 18                   IMPORTANT LEGAL NOTICE/NOTICIA LEGAL IMPORTANTE
                                                                        
 19        MONEY/PERSONAL PROPERTY BELONGING TO YOU MAY HAVE BEEN TAKEN OR  HELD
 20        IN  ORDER  TO  SATISFY  A COURT JUDGMENT. YOU MAY BE ABLE TO GET YOUR
 21        MONEY/PROPERTY BACK SO READ THIS NOTICE CAREFULLY.
                                                                        
 22        SI SOLAMENTE HABLA ESPANOL PUEDE OBTENER UNA FORMA EN ESPANOL  EN  EL
 23        DEPARTAMENTO DEL SHERIFE.
                                                                        
 24    The  enclosed  writ of execution and/or notice of garnishment has directed the
 25    sheriff to take custody by levying on your money and/or personal  property  in
 26    order to satisfy a court judgment.
                                                                        
 27    The  sheriff has levied on your money and/or personal property. You have FOUR-
 28    TEEN (14) DAYS after the date of mailing or personal service  of  these  docu-
 29    ments  to  file  a claim of exemption with the sheriff. An exemption from levy
 30    entitles you to obtain the release of your money and personal property.
                                                                        
 31    The following is a partial list of money and personal  property  that  may  be
 32    exempt  from levy. EXEMPTIONS ARE PROVIDED BY IDAHO AND FEDERAL LAW AND CAN BE
 33    FOUND IN THE IDAHO CODE AND IN THE UNITED STATES CODE. MOST OF THE  EXEMPTIONS
 34    PROVIDED  BY  THE STATE ARE CONTAINED IN CHAPTER 6, TITLE 11, IDAHO CODE. GOV-
 35    ERNMENTAL BENEFITS SUCH AS SOCIAL SECURITY, SSI,  VETERANS,  RAILROAD  RETIRE-
 36    MENT,  MILITARY,  AND WELFARE ARE EXEMPT FROM LEVY IN MOST CASES UNDER FEDERAL
 37    LAW.
                                                                        
                                           2
                                                                        
  1    This list may not be complete and may not include all exemptions that apply in
  2    your case because of periodic changes in the law. Additionally,  some  of  the
  3    exemptions may not apply in full or under all circumstances. There may be spe-
  4    cial  requirements  for  child  support.  You or your attorney should read the
  5    exemption statutes which apply to you.
                                                                        
  6    If you believe the money or personal property that are being levied  upon  are
  7    exempt,  you should immediately file a claim of exemption. If you fail to make
  8    a timely claim of exemption, the sheriff will release money to the  plaintiff,
  9    or  the property may be sold at an execution sale, perhaps at a price substan-
 10    tially below its value, and you may have to  bring  further  court  action  to
 11    recover the money and property.
                                                                        
 12    The sheriff cannot give you legal advice. Therefore, if you have any questions
 13    concerning  your rights in this action, you should consult an attorney as soon
 14    as possible. You may contact the nearest office of Idaho legal  aid  services,
 15    inc. to inquire if you are eligible for their assistance.
                                                                        
 16                     SOME EXEMPTIONS TO WHICH YOU MAY BE ENTITLED
                                                                        
 17    Type of Money and Property
 18        1.   Alimony, support, maintenance (money or property)
 19        2.   Appliances (household) ($500 per item, up to $45,000 gross)
 20        3.   Annuity contract payments
 21        4.   Bodily injury and wrongful death awards*
 22        5.   Books (professional) up to $1,0500
 23        6.   Burial plots
 24        7.   Child support payments*
 25        8.   Disability or illness benefits*
 26        9.   Furnishings (household) ($500 per item, up to $45,000 gross)
 27        10.  Health aids
 28        11.  Homestead, house, mobile home, and related structures
 29        12.  Jewelry (up to $251,000)
 30        13.  Life insurance benefits payable to spouse or dependent*
 31        14.  Medical and/or hospital benefits
 32        15.  Military retirement and survivors benefits
 33        16.  Motor  vehicle:  car,  truck,  motorcycle  with  a  value  of  up  to
 34        $1,5003,000 per person
 35        17.  Pension: stock bonus, profit sharing annuity, or similar plans
 36        18.  Personal property: ($500 per item, up to $45,000 gross) (furnishings,
 37        appliances,   one  firearm,  pets  animals,  musical  instruments,  books,
 38        clothes, family portraits and heirlooms)
 39        19.  Public assistance: federal, state, or local including: Aid  to  Aged,
 40        Blind and Disabled (AABD); Aid to Dependent Children (AFDC); Aid to Perma-
 41        nently and Totally Disabled (APTD)
 42        20.  Public Employees Benefits including Federal Civil Service Retirement,
 43        Idaho Retirement and Disability
 44        21.  Railroad Retirement Benefits
 45        22.  Retirement, pension or profit sharing plan qualified by IRS
 46        23.  Social Security Disability and Retirement Benefits
 47        24.  SSI (Supplemental Security Insurance Benefits)
 48        25.  Tools of trade and implements up to $1,0500
 49        26.  Unemployment benefits
 50        27.  Veterans benefits and insurance
 51        28.  Wages or salary:
                                                                        
                                           3
                                                                        
  1             Consumer  debts  primarily for personal or household purposes: exemp-
  2             tion is 40 times the  federal  minimum  wage  or  25%  of  disposable
  3             income, whichever is greater
  4             Nonconsumer  debts: exemption is 30 times the federal minimum wage or
  5             25% of disposable income, whichever is greater
  6        29.  Worker's compensation
  7        30.  An unmatured life insurance contract other than a credit life  insur-
  8        ance contract
  9        31.  An  aggregate interest, not to exceed $5,000, in any accrued dividend
 10        or interest under, or loan value of, an unmatured life insurance  contract
 11        under which the insured is the individual or a person of whom the individ-
 12        ual is a dependent
 13        32.  An  aggregate  interest  in  any  tangible  personal property, not to
 14        exceed the value of $800
                                                                        
 15    *   To the extent reasonably necessary for support of family and if  not  com-
 16        mingled with other funds.
                                                                        
 17                     INSTRUCTIONS TO DEFENDANTS AND THIRD PARTIES
                                                                        
 18        In  order to claim an exemption from execution and garnishment under Idaho
 19    and federal law, you, the defendant, judgment debtor, or a third party,  hold-
 20    ing or known to have an interest in the money and/or personal property, must:
 21        1.   DELIVER  OR  MAIL A CLAIM OF EXEMPTION TO THE SHERIFF WHO LEVIED
 22             UPON YOUR  MONEY  AND/OR  PERSONAL  PROPERTY  AT      (SHERIFF'S
 23             STREET  ADDRESS)    , WITHIN FOURTEEN (14) DAYS AFTER MAILING OR
 24             PERSONAL SERVICE OF THESE INSTRUCTIONS, NOTICE OF EXEMPTIONS AND
 25             FORM FOR FILING A CLAIM OF EXEMPTION. IF YOU  MAIL  A  CLAIM  OF
 26             EXEMPTION,  IT  MUST BE RECEIVED BY THE SHERIFF WITHIN THE FOUR-
 27             TEEN (14) DAY PERIOD.
 28        2.   The sheriff has to notify the  plaintiff  or  judgment  creditor
 29             within  one  (1)  business day, excluding weekends and holidays,
 30             that you filed a claim of exemption. The judgment  creditor  has
 31             five  (5)  business days, excluding weekends and holidays, after
 32             the date notice was provided that a claim of exemption was filed
 33             with the sheriff, to file a motion with the court contesting the
 34             claim of exemption.
 35        3.   If the judgment creditor notifies the sheriff that he  will  not
 36             object  to the claim of exemption or does not file a motion with
 37             the court contesting the claim of  exemption  the  sheriff  will
 38             immediately  return the money and/or personal property or notify
 39             the bank or depository institution to release the  money  and/or
 40             personal property which has been levied upon.
 41        4.   IF  THE JUDGMENT CREDITOR DOES FILE A MOTION WITH THE COURT CON-
 42             TESTING THE CLAIM OF EXEMPTION, YOU, THE JUDGMENT DEBTOR OR  ANY
 43             INTERESTED  THIRD  PARTY,  WILL RECEIVE A COPY OF THE MOTION AND
 44             NOTICE OF HEARING. A HEARING WILL BE HELD WITHIN NOT  LESS  THAN
 45             FIVE (5) NOR MORE THAN TWELVE (12) DAYS AFTER THE FILING DATE OF
 46             THE  MOTION.  YOU  SHOULD BE PREPARED TO EXPLAIN THE GROUNDS FOR
 47             CLAIMING THE EXEMPTION IN COURT ON THE DATE AND TIME SET FOR THE
 48             HEARING. YOU SHOULD BRING WHATEVER DOCUMENTS YOU HAVE TO SUPPORT
 49             YOUR CLAIM.
 50        5.   This is a notice, not legal advice. If you  have  any  questions
 51             concerning  your  rights  in  this action, you should contact an
 52             attorney as soon as possible. If you are low income  and  cannot
                                                                        
                                           4
                                                                        
  1             afford  an  attorney you may contact the nearest office of Idaho
  2             Legal Aid Services, Inc. to inquire if they can assist you.
                                                                        
  3               IN THE DISTRICT COURT OF THE ........ JUDICIAL DISTRICT
  4    OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ..............
                                                                        
  5         ................,      )
  6             Plaintiff(s),      )      CASE NO.
  7         vs.                    )    CLAIM OF EXEMPTION
  8         ................,      )
  9             Defendant(s).      )
 10         .................      )
                                                                        
 11          I claim an exemption from levy for the following described money  and/or
 12    property:
 13        a.  Money,  including  money in a bank account, which was paid to me or my
 14        family as:
                                                                        
 15             .....     Public assistance of any kind
 16             .....     Social security or SSI
 17             .....     Worker's compensation
 18             .....     Unemployment benefits
 19             .....     Child support
 20             .....     Retirement, pension, or profit sharing benefits
 21             .....     Military or veteran's benefits
 22             .....     Life insurance or other insurance
 23             .....     Disability, illness, medical or hospital benefits
 24             .....     Alimony, support or maintenance
 25             .....     Annuity contract benefits
 26             .....     Bodily injury or wrongful death awards
 27             .....     Other money (describe).....................................
 28             .....     Wages (Do not check this box until you have first talked to
 29                       your employer to see if he correctly calculated your exemp-
 30                       tion according to the formula under item  28  on  the  form
 31                       entitled  "SOME  EXEMPTIONS  TO WHICH YOU MAY BE ENTITLED."
 32                       Then check this box only if  you  believe  your  employer's
 33                       calculation is incorrect.)
 34        b.   Property:
 35             .....     Professional books
 36             .....     Burial plots
 37             .....     Health aids
 38             .....     Homestead, house, mobile home and related structures
 39             .....     Jewelry
 40             .....     Car, truck or motorcycle
 41             .....     Tools and implements
 42             .....     Appliances,  furnishings,  firearms,  pets animals, musical
 43                       instruments,  books, clothes, family  portraits  and  heir-
 44                       looms
 45             .....     Other property (describe)
 46                                                            ......................
 47                                                                Defendant or
 48                                                                Representative
                                                                        
 49    SECTION  2.  That  Section  11-605,  Idaho  Code,  be,  and the same is hereby
 50    amended to read as follows:
                                                                        
                                           5
                                                                        
  1        11-605.  EXEMPTIONS OF PERSONAL PROPERTY SUBJECT TO VALUE LIMITATIONS. (1)
  2    An individual is entitled to exemption of the following property to the extent
  3    of a value not exceeding five hundred dollars ($500) on any one  (1)  item  of
  4    property and not to exceed a total value of five thousand dollars ($5,000) for
  5    all items exempted under this subsection:
  6        (a)  hHousehold  furnishings, household goods, and appliances held primar-
  7        ily for the personal, family, or household use  of  the  individual  or  a
  8        dependent of the individual;
  9        (b)  iIf  reasonably  held  for  the  personal  use of the individual or a
 10        dependent, wearing apparel, animals, books, and musical instruments; and
 11        (c)  fFamily portraits and heirlooms  of particular sentimental  value  to
 12        the individual.
 13        (2)  An  individual is entitled to exemption of jewelry, not exceeding one
 14    thousand dollars ($1,000) in aggregate value, if held for the personal use  of
 15    the individual.
 16        (3)  An  individual  is  entitled to exemption, not exceeding one thousand
 17    five hundred dollars ($1,500) in aggregate value, of implements,  professional
 18    books, and tools of the trade; and to an exemption of one (1) motor vehicle to
 19    the extent of a value not exceeding three thousand dollars ($3,000).
 20        (4)  All  courthouses,  jails, public offices and buildings, school houses
 21    schoolhouses, lots, grounds and personal property  appertaining  thereto,  the
 22    fixtures,  furniture, books, papers and appurtenances belonging and pertaining
 23    to the courthouse, jail and public offices belonging to  any  county  of  this
 24    state,  or  for  the use of schools, and all cemeteries, public squares, parks
 25    and places, public buildings, town halls, markets, buildings for  the  use  of
 26    fire  departments and military organizations, and the lots and grounds thereto
 27    belonging and appertaining, owned or held by any town or incorporated city, or
 28    dedicated by such town or city to health, ornament or public use, or  for  the
 29    use of any fire or military company organized under the laws of this state. No
 30    article or species of property mentioned in this section is exempt from execu-
 31    tion  issued  upon  a  judgment  recovered  for  its  price or upon a mortgage
 32    thereon.
 33        (5)  All arms, uniforms and accouterments required for the use of an indi-
 34    vidual as a peace officer, a member of the national guard or military service.
 35        (6)  A water right not to exceed one hundred sixty (160) inches  of  water
 36    used  for  the  irrigation of lands actually cultivated by the individual, and
 37    the crop or crops growing or grown on fifty (50) acres of land, leased,  owned
 38    or  possessed by an individual cultivating the same, provided, that the amount
 39    of the crops so exempted shall not exceed the value of  one  thousand  dollars
 40    ($1,000).
 41        (7)  An  individual  is entitled to exemption of one (1) firearm valued at
 42    less than five hundred dollars ($500).
 43        (8)  Any unmatured life insurance contract owned by an  individual,  other
 44    than a credit life insurance contract.
 45        (9)  An  individual's aggregate interest, not to exceed five thousand dol-
 46    lars ($5,000) in any accrued dividend or interest under, or loan value of, any
 47    unmatured life insurance contract owned by  the  individual  under  which  the
 48    insured is the individual or a person of whom the individual is a dependent.
 49        (10) An individual's aggregate interest in any tangible personal property,
 50    not to exceed the value of eight hundred dollars ($800).
                                                                        
 51        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 52    declared to exist, this act shall be in full force and effect on and after its
 53    passage and approval.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                            RS 09705 

To provide a limitation on 11-605(a) (10) for tangible personal 
property only. Thus preserving the rights of wage and other 
garnishment. In addition, to correct the debtor's claim of 
exemption notice to be consistent with Idaho Code section 11-605.

                           FISCAL NOTE 

No Fiscal impact is anticipated. 

Contact: Senator Bart Davis 
332-1345

STATEMENT OF PURPOSE/ FISCAL NOTE                     S1306