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S. B. No. 281 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Cates, Jacobson, Mumper, Niehaus, Schuler, Spada, Wagoner, Boccieri, Cafaro, Fedor, Kearney, Mason, Miller, D., Morano, Roberts, Sawyer
A BILL
To amend section 2329.66 of the Revised Code to
increase the exemptions for property that a debtor
may hold exempt from execution, garnishment,
attachment, or sale for the satisfaction of a
judgment or order to reflect the higher exemptions
available for such property under the United
States Bankruptcy Code and to provide for
automatic adjustments to those exemptions based on
changes in the Consumer Price Index.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2329.66 of the Revised Code be
amended to read as follows:
Sec. 2329.66. (A) Every person who is domiciled in this
state may hold property exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, as follows:
(1)(a) In the case of a judgment or order regarding money
owed for health care services rendered or health care supplies
provided to the person or a dependent of the person, one parcel
or
item of real or personal property that the person or a
dependent
of the person uses as a residence. Division (A)(1)(a)
of this
section does not preclude, affect, or invalidate the
creation
under this chapter of a judgment lien upon the exempted
property
but only delays the enforcement of the lien until the
property is
sold or otherwise transferred by the owner or in
accordance with
other applicable laws to a person or entity other
than the
surviving spouse or surviving minor children of the
judgment
debtor. Every person who is domiciled in this state may
hold
exempt from a judgment lien created pursuant to division
(A)(1)(a)
of this section the person's interest, not to exceed five twenty
thousand two hundred
dollars, in the exempted property.
(b) In the case of all other judgments and orders, the
person's interest, not to exceed five twenty thousand two hundred
dollars, in one
parcel or item of real or personal property that
the person or a
dependent of the person uses as a residence.
(2) The person's interest, not to exceed one three thousand
two hundred twenty-five
dollars, in one
motor vehicle;
(3) The person's interest, not to exceed two hundred
dollars
in any particular item, in wearing apparel, beds, and
bedding, and
the person's interest, not to exceed three hundred
dollars in each
item, in one cooking unit and one refrigerator or
other food
preservation unit;
(4)(a) The person's interest, not to exceed four hundred
dollars, in cash on hand, money due and payable, money to become
due within ninety days, tax refunds, and money on deposit with a
bank, savings and loan association, credit union, public utility,
landlord, or other person. Division (A)(4)(a)(3) of this section
applies only in
bankruptcy proceedings. This exemption may
include
the portion
of personal earnings that is not exempt under
division
(A)(13) of
this section.
(b) Subject to division (A)(4)(d) of this section, the (4)(a)
The
person's interest, not to exceed two five hundred twenty-five
dollars in any
particular item or ten thousand seven hundred
seventy-five dollars in aggregate value, in household furnishings,
household goods, wearing apparel,
appliances, books, animals,
crops, musical instruments, firearms,
and hunting and fishing
equipment, that are held primarily for
the
personal, family, or
household use of the person;
(c) Subject to division (A)(4)(d) of this section, the (b)
The
person's aggregate interest in one or more items of jewelry,
not to exceed
four one thousand three hundred fifty dollars in one
item of jewelry and not to exceed two
hundred dollars in every
other item of jewelry;
(d) Divisions (A)(4)(b) and (c) of this section do not
include items of personal property listed in division (A)(3) of
this section.
If the person does not claim an exemption under division
(A)(1) of this section, the total exemption claimed under
division
(A)(4)(b) of this section shall be added to the total
exemption
claimed under division (A)(4)(c) of this section, and
the total
shall not exceed two thousand dollars. If the person
claims an
exemption under division (A)(1) of this section, the
total
exemption claimed under division (A)(4)(b) of this section
shall
be added to the total exemption claimed under division
(A)(4)(c)
of this section, and the total shall not exceed one
thousand five
hundred dollars, held primarily for the personal, family, or
household use of the person or any of the person's dependents.
(5) The person's interest, not to exceed an aggregate of
seven hundred fifty two thousand twenty-five dollars, in all
implements, professional
books, or tools of the person's
profession, trade, or business,
including
agriculture;
(6)(a) The person's interest in a beneficiary fund set
apart,
appropriated, or paid by a benevolent association or
society, as
exempted by section 2329.63 of the Revised Code;
(b) The person's interest in contracts of life or
endowment
insurance or annuities, as exempted by section 3911.10
of the
Revised Code;
(c) The person's interest in a policy of group insurance
or
the proceeds of a policy of group insurance, as exempted by
section 3917.05 of the Revised Code;
(d) The person's interest in money, benefits, charity,
relief, or aid to be paid, provided, or rendered by a fraternal
benefit society, as exempted by section 3921.18 of the Revised
Code;
(e) The person's interest in the portion of benefits under
policies of sickness and accident insurance and in
lump
sum
payments for dismemberment and other losses insured under
those
policies, as exempted by section 3923.19 of the Revised
Code.
(7) The person's professionally prescribed or medically
necessary health aids;
(8) The person's interest in a burial lot, including, but
not
limited to, exemptions under section 517.09 or 1721.07 of the
Revised Code;
(9) The person's interest in the following:
(a) Moneys paid or payable for living maintenance or
rights,
as exempted by section 3304.19 of the Revised Code;
(b) Workers' compensation, as exempted by section
4123.67
of
the Revised Code;
(c) Unemployment compensation benefits, as exempted by
section 4141.32 of the Revised Code;
(d) Cash assistance payments under the Ohio works first
program, as exempted
by
section 5107.75 of the Revised Code;
(e)
Benefits and services under the prevention, retention,
and contingency program, as exempted by section 5108.08 of the
Revised Code;
(f) Disability financial assistance payments, as exempted by
section
5115.06 of the Revised Code.
(10)(a) Except in cases in which the person was convicted
of
or pleaded guilty to a violation of section 2921.41 of the
Revised
Code and in which an order for the withholding of
restitution from
payments was issued under division (C)(2)(b) of
that section or in
cases in which an order for withholding was issued under
section
2907.15 of the Revised Code, and only to the
extent provided
in
the order,
and
except as provided in sections 3105.171, 3105.63,
3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised
Code, the person's right to a pension,
benefit, annuity,
retirement allowance, or accumulated
contributions, the person's
right to a participant account in any
deferred compensation
program offered by the Ohio public
employees deferred compensation
board, a government unit, or a
municipal corporation, or the
person's other accrued or accruing
rights, as exempted by section
145.56, 146.13, 148.09,
742.47,
3307.41, 3309.66, or 5505.22 of
the Revised Code, and
the
person's right to benefits from the Ohio
public safety officers
death benefit
fund;
(b) Except as provided in sections 3119.80, 3119.81,
3121.02,
3121.03, and 3123.06 of
the Revised Code, the person's
right to
receive a payment under
any pension, annuity, or similar
plan or
contract, not including
a payment from a stock bonus or
profit-sharing plan or a payment
included in division (A)(6)(b) or
(10)(a) of this section, on
account of illness, disability, death,
age, or length of service,
to the extent reasonably necessary for
the support of the person
and any of the person's dependents,
except if all the following
apply:
(i) The plan or contract was established by or under the
auspices of an insider that employed the person at the time the
person's rights under the plan or contract arose.
(ii) The payment is on account of age or length of
service.
(iii) The plan or contract is not qualified under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended.
(c) Except for any portion of the assets that were
deposited
for the purpose of evading the payment of any debt and
except as
provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and
3123.06 of the Revised
Code, the person's right in the assets held
in, or to receive
any payment under, any individual retirement
account,
individual retirement annuity,
"Roth IRA," or education
individual retirement
account that provides
benefits by reason of
illness, disability, death, or age, to the extent
that the assets,
payments, or benefits described in division
(A)(10)(c) of this
section are attributable
to any of the following:
(i) Contributions of the person that were less
than or equal
to the applicable limits on deductible
contributions to an
individual retirement account or individual
retirement annuity in
the year that the contributions were made,
whether or not the
person was eligible to deduct the
contributions on the person's
federal tax return for the year in
which the contributions were
made;
(ii) Contributions of the person that were less
than or
equal
to the applicable limits on contributions to a
Roth IRA or
education individual
retirement account in the year that the
contributions were made;
(iii) Contributions of the person that are within
the
applicable limits on rollover contributions under
subsections 219,
402(c), 403(a)(4),
403(b)(8), 408(b), 408(d)(3),
408A(c)(3)(B),
408A(d)(3),
and 530(d)(5) of the
"Internal Revenue Code of 1986,"
100
Stat. 2085, 26
U.S.C.A. 1, as amended.
(d) Except for any portion of the
assets that were deposited
for the purpose of evading the
payment of any debt and except as
provided in sections
3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's
right in the assets held
in, or to receive any payment under,
any Keogh or
"H.R. 10" plan
that provides benefits
by reason of illness, disability, death, or
age, to the extent reasonably
necessary for the support of the
person and any of the person's
dependents.
(11) The person's right to receive spousal support, child
support, an allowance, or other maintenance to the extent
reasonably necessary for the support of the person and any of the
person's
dependents;
(12) The person's right to receive, or moneys received
during
the preceding twelve calendar months from, any of the
following:
(a) An award of reparations under sections 2743.51 to
2743.72
of the Revised Code, to the extent exempted by division
(D) of
section 2743.66 of the Revised Code;
(b) A payment on account of the wrongful death of an
individual of whom the person was a dependent on the date of the
individual's death, to the extent reasonably necessary for the
support of the person and any of the person's dependents;
(c) Except in cases in which the person who receives the
payment is an
inmate, as defined in section 2969.21 of the Revised
Code, and in which the
payment resulted from a civil action or
appeal against a government entity or
employee, as defined in
section 2969.21 of the Revised Code, a payment, not to
exceed five
twenty
thousand two hundred dollars, on
account of personal bodily
injury, not
including pain and
suffering or compensation for
actual pecuniary
loss, of the
person or an individual for whom the
person is a
dependent;
(d) A payment in compensation for loss of future earnings
of
the person or an individual of whom the person is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any of the debtor's dependents.
(13) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of the Revised
Code, personal
earnings of
the person owed to the
person for services in an
amount equal to the greater of the following
amounts:
(a) If paid weekly, thirty times the current federal
minimum
hourly wage; if paid biweekly, sixty times the current
federal
minimum hourly wage; if paid semimonthly, sixty-five
times the
current federal minimum hourly wage; or if paid
monthly, one
hundred thirty times the current federal minimum
hourly wage that
is in effect at the time the earnings are
payable, as prescribed
by the
"Fair Labor Standards Act of 1938,"
52 Stat. 1060, 29
U.S.C. 206(a)(1), as amended;
(b) Seventy-five per cent of the disposable earnings owed
to
the person.
(14) The person's right in specific partnership property,
as
exempted by division (B)(3) of section 1775.24 of the Revised
Code;
(15) A seal and official register of a notary public, as
exempted by section 147.04 of the Revised Code;
(16) The person's interest in a tuition unit or a payment
under section
3334.09 of the Revised Code pursuant to a tuition
payment contract, as exempted
by section 3334.15 of the Revised
Code;
(17) Any other property that is specifically exempted from
execution, attachment, garnishment, or sale by federal statutes
other than the
"Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11
U.S.C.A. 101, as amended;
(18) The person's aggregate interest in any property, not to
exceed four hundred one thousand seventy-five
dollars, in any
property and any unused amount, not to exceed ten thousand one
hundred twenty-five dollars, of the exemption provided under
division (A)(1) of this section, except that division (A)(18) of
this
section applies
only in bankruptcy proceedings.
(B) On April 1, 2010, and on the first day of April in each
third calendar year after 2010, each dollar amount set forth in
this section shall be adjusted, when determining the amount that
is exempt from execution, garnishment, attachment, or sale
pursuant to this section, to reflect the change in the consumer
price index for all urban consumers, as published by the United
States department of labor, or, if that index is no longer
published, a generally available comparable index, for the
three-year period ending on the thirty-first day of December of
the preceding year. Any adjustments required by this division
shall be rounded to the nearest twenty-five dollars.
(C) As used in this section:
(1)
"Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3119.80, 3119.81,
3121.02,
3121.03, or 3123.06 of the
Revised Code.
(a) If the person who claims an exemption is an
individual,
a
relative of the individual, a relative of a general
partner of
the
individual, a partnership in which the individual
is a general
partner, a general partner of the individual, or a
corporation of
which the individual is a director, officer, or in
control;
(b) If the person who claims an exemption is a
corporation,
a
director or officer of the corporation; a person
in control of
the
corporation; a partnership in which the
corporation is a
general
partner; a general partner of the
corporation; or a
relative of a
general partner, director,
officer, or person in
control of the
corporation;
(c) If the person who claims an exemption is a
partnership,
a
general partner in the partnership; a general
partner of the
partnership; a person in control of the
partnership; a partnership
in which the partnership is a general
partner; or a relative in, a
general partner of, or a person in
control of the partnership;
(d) An entity or person to which or whom any of the
following
applies:
(i) The entity directly or indirectly owns, controls, or
holds with power to vote, twenty per cent or more of the
outstanding voting securities of the person who claims an
exemption, unless the entity holds the securities in a fiduciary
or agency capacity without sole discretionary power to vote the
securities or holds the securities solely to secure to debt and
the entity has not in fact exercised the power to vote.
(ii) The entity is a corporation, twenty per cent or more
of
whose outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the person who
claims an exemption or by an entity to which division
(B)(C)(2)(d)(i)
of this section applies.
(iii) A person whose business is operated under a lease or
operating agreement by the person who claims an exemption, or a
person substantially all of whose business is operated under an
operating agreement with the person who claims an exemption.
(iv) The entity operates the business or all or
substantially
all of the property of the person who claims an
exemption under a
lease or operating agreement.
(e) An insider, as otherwise defined in this section, of a
person or entity to which division (B)(C)(2)(d)(i), (ii), (iii),
or
(iv) of this section applies, as if the person or entity were a
person who claims an exemption;
(f) A managing agent of the person who claims an
exemption.
(3)
"Participant account" has the same meaning as in
section
148.01 of the Revised Code.
(4)
"Government unit" has the same meaning as in section
148.06 of the Revised Code.
(C)(D) For purposes of this section,
"interest" shall be
determined as follows:
(1) In bankruptcy proceedings, as of the date a petition
is
filed with the bankruptcy court commencing a case under Title
11
of the United States Code;
(2) In all cases other than bankruptcy proceedings, as of
the
date of an appraisal, if necessary under section 2329.68 of
the
Revised Code, or the issuance of a writ of execution.
An interest, as determined under division (C)(D)(1) or (2) of
this section, shall not include the amount of any lien otherwise
valid pursuant to section 2329.661 of the Revised Code.
Section 2. That existing section 2329.66 of the Revised Code
is hereby repealed.
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