2014 -- S 3014

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LC005694

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- LEVY

AND SALE ON EXECUTION

     Introduced By: Senator Louis P.DiPalma

     Date Introduced: May 15, 2014

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-26-4 of the General Laws in Chapter 9-26 entitled "Levy and Sale

on Execution" is hereby amended to read as follows:

     9-26-4. Property exempt from attachment. -- The following goods and property shall

be exempt from attachment on any warrant of distress or on any other writ, original, mesne, or

judicial:

      (1) The necessary wearing apparel of a debtor or of the debtor's family, if he or she has a

family.

      (2) The working tools of a debtor necessary in the debtor's usual occupation, not

exceeding in value the sum of two thousand dollars ($2,000), and the professional library of any

professional person in actual practice.

      (3) The household furniture, clothing, and family stores of a debtor, including beds and

bedding, not exceeding in value the sum of nine thousand six hundred dollars ($9,600).

      (4) The bibles, school books, and other books in use in the family, not exceeding in value

the sum of three hundred dollars ($300).

      (5) The debtor's interest in one lot or right of burial, as the case may be, in any cemetery.

      (6) Wages due or accruing to any sailor.

      (7) Debts secured by bills of exchange or negotiable promissory notes.

      (8) (i) The entire salary or wages of any debtor due or payable from any charitable

corporation, or from any person or corporation engaged in the disbursement or administration of

any public charitable fund or money, whenever the salaries or wages are to be paid or supplied,

directly or indirectly, from any fund or money appropriated or contributed for the relief of the

poor or in aid of unemployment, and the debtor is the object of the relief or aid.

      (ii) The entire wages or salary of any debtor due or payable from any employer, where

the debtor has been the object of relief from any state, federal, or municipal corporation or agency

for a period of one year from and after the time when the debtor ceases to be the object of such

relief.

      (iii) The salary or wages due or payable to any other debtor, not exceeding the sum of

fifty dollars ($50.00).

      (9) The salary and wages of the wife and the minor children of any debtor.

      (10) Such other property, real, personal, or mixed, in possession or actions as is or shall

be exempted from attachment and execution, either permanently or temporarily, by general or

special acts, charters of incorporation, or by the policy of the law.

      (11) An individual retirement account or individual retirement annuity as defined in

sections 408 and 408A of the Internal Revenue Code, 26 U.S.C. sections 408 and 408A, and the

payments or distributions from such an account or annuity, except that this exemption does not

apply to any of the following:

      (i) An order of a court pursuant to a judgment of divorce or separate maintenance.

      (ii) An order of a court concerning child support.

      (iii) Contributions to an individual retirement account or premiums on an individual

retirement annuity, including the earnings or benefits from those contributions or premiums, that

constitute an excess contribution within the meaning of Section 4973 of the Internal Revenue

Code [26 U.S.C. section 4973_.

      (12) The right or interest of a person in an annuity, pension, profit sharing, or other

retirement plan protected by the Employee Retirement Income Security Act of 1974, Public Law

93-406, 29 U.S.C. section 1001 et seq. This exemption shall also apply to the operation of the

Federal Bankruptcy Code, as permitted by Section 522(d)(10)(E) of Title 11 of the United States

Code, 11 U.S.C. section 522(d)(10)(E). This exemption shall not apply to the right or interest of a

person in an annuity, pension, profit sharing, or other retirement plan to the extent that that right

or interest is subject to any of the following:

      (i) An order of the court pursuant to a judgment of divorce or separated maintenance.

      (ii) An order of a court concerning child support.

      This exemption shall not apply to contributions to and the earnings of any of the

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retirement plans enumerated in this subdivision that are not qualified retirement plans as defined

by Section 401 of the Internal Revenue Code, 26 U.S.C. section 401.

      (13) Any and all motor vehicles owned by the debtor not to exceed an aggregate total of

twelve thousand dollars ($12,000).

      (14) Any and all jewelry owned by the debtor not to exceed an aggregate total of two

thousand dollars ($2,000).

      (15) An account balance, right, or interest of a person in a "prepaid tuition program" or a

"tuition savings program" as defined in section 16-57-3(10) and (16), respectively. This

exemption shall not apply to a balance, right, or interest to the extent that the balance, right, or

interest is subject to any of the following:

      (i) An order of a court pursuant to a judgment of divorce or separate maintenance;

      (ii) An order of a court concerning child support.

      (16) In addition to the exemptions herein, a debtor in bankruptcy may exempt an

additional six thousand five hundred dollars ($6,500) in any assets.

     (17) The real property of any person having debts secured by casino-issued lines of credit

also known as "casino markers" which are issued to casino patrons by the casino credit

department or other department or agency of the casino.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- LEVY

AND SALE ON EXECUTION

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     This act would prohibit casinos from attaching the real estate of any person who is

provided a casino marker or line of credit by the casino.

     This act would take effect upon passage.

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