2008 Legislation
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SENATE BILL NO. 1355<br /> – Attachment, MV, value


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Bill Status

S1355................................................by JUDICIARY AND RULES
ATTACHMENTS - MOTOR VEHICLES - Amends existing law relating to enforcement
of judgments in civil actions to increase the maximum value of a motor
vehicle that shall be exempt from attachment or levy to $5,000.

01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Jud
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Malepeai(Sagness), McGee, McKague, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Lodge, McKenzie
    Floor Sponsor - Davis
    Title apvd - to House
02/14    House intro - 1st rdg - to Rev/Tax
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 66-0-4
      AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
      Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
      Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Anderson, Kren, Ruchti, Trail
    Floor Sponsor - Jaquet
    Title apvd - to Senate
02/26    To enrol
02/27    Rpt enrol - Pres signed
02/28    Sp signed
02/29    To Governor
03/03    Governor signed
         Session Law Chapter 57
         Effective: 07/01/08

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1355

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT

  5    Be It Enacted by the Legislature of the State of Idaho:

  6        SECTION  1.  That  Section  11-605, Idaho Code, be, and the same is hereby
  7    amended to read as follows:

  9    An individual is entitled to exemption of the following property to the extent
 10    of a value not exceeding five hundred dollars ($500) on any one  (1)  item  of
 11    property and not to exceed a total value of five thousand dollars ($5,000) for
 12    all items exempted under this subsection:
 13        (a)  Household furnishings, household goods, and appliances held primarily
 14        for  the personal, family, or household use of the individual or a depend-
 15        ent of the individual;
 16        (b)  If reasonably held for the  personal  use  of  the  individual  or  a
 17        dependent, wearing apparel, animals, books, and musical instruments; and
 18        (c)  Family portraits and heirlooms of particular sentimental value to the
 19        individual.
 20        (2)  An  individual is entitled to exemption of jewelry, not exceeding one
 21    thousand dollars ($1,000) in aggregate value, if held for the personal use  of
 22    the individual.
 23        (3)  An  individual  is  entitled to exemption, not exceeding one thousand
 24    five hundred dollars ($1,500) in aggregate value, of implements,  professional
 25    books, and tools of the trade; and to an exemption of one (1) motor vehicle to
 26    the extent of a value not exceeding three five thousand dollars ($35,000).
 27        (4)  All  courthouses,  jails, public offices and buildings, schoolhouses,
 28    lots, grounds and personal property appertaining thereto, the fixtures, furni-
 29    ture, books, papers and appurtenances belonging and pertaining to  the  court-
 30    house,  jail  and public offices belonging to any county of this state, or for
 31    the use of schools, and all cemeteries, public squares, parks and places, pub-
 32    lic buildings, town halls, markets, buildings for the use of fire  departments
 33    and  military  organizations,  and  the lots and grounds thereto belonging and
 34    appertaining, owned or held by any town or incorporated city, or dedicated  by
 35    such  town  or  city  to health, ornament or public use, or for the use of any
 36    fire or military company organized under the laws of this state. No article or
 37    species of property mentioned in this section is exempt from execution  issued
 38    upon a judgment recovered for its price or upon a mortgage thereon.
 39        (5)  All arms, uniforms and accouterments required for the use of an indi-
 40    vidual as a peace officer, a member of the national guard or military service.
 41        (6)  A  water  right not to exceed one hundred sixty (160) inches of water
 42    used for the irrigation of lands actually cultivated by  the  individual,  and
 43    the  crop or crops growing or grown on fifty (50) acres of land, leased, owned


  1    or possessed by an individual cultivating the same, provided, that the  amount
  2    of  the  crops  so exempted shall not exceed the value of one thousand dollars
  3    ($1,000).
  4        (7)  An individual is entitled to exemption of one (1) firearm  valued  at
  5    less than five hundred dollars ($500).
  6        (8)  Any  unmatured  life insurance contract owned by an individual, other
  7    than a credit life insurance contract.
  8        (9)  An individual's aggregate interest, not to exceed five thousand  dol-
  9    lars ($5,000) in any accrued dividend or interest under, or loan value of, any
 10    unmatured  life  insurance  contract  owned  by the individual under which the
 11    insured is the individual or a person of whom the individual is a dependent.
 12        (10) An individual's aggregate interest in any tangible personal property,
 13    not to exceed the value of eight hundred dollars ($800).

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 17300C1

The purpose of this legislation is to increase the allowed
exemption for a motor vehicle from $3,000 to $5,000.

                          FISCAL IMPACT

No fiscal impact.

Name: Sen. Bart Davis
Phone: (208) 332-1303

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1355