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ENROLLED
ACT No. 552026 Regular Session
HOUSE BILL NO. 135
BY REPRESENTATIVES MANDIE LANDRY AND TAYLOR
1 AN ACT
2 To amend and reenact R.S. 13:3881(A)(introductory paragraph), (7), and (8) and (D)(1) and
3 (3), relative to exemptions from seizure; to provide relative to the exemption for
4 motor vehicles; to provide an exemption for health savings accounts; to provide for
5 definitions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:3881(A)(introductory paragraph), (7), and (8) and (D)(1) and (3)
8 are hereby amended and reenacted to read as follows:
9 §3881. General exemptions from seizure
10 A. The following income or property of a debtor is exempt from seizure
11 under any writ, mandate, or process whatsoever, except as otherwise herein provided
12 in this Section:
13 * * *
14 (7)(a) Seven thousand five hundred Fifteen thousand dollars in equity value
15 for one motor vehicle per household used by the debtor and his family household for
16 any purpose.
17 (b) If Paragraph (8) of this Subsection is not applicable to the debtor as an
18 exemption, and if the debtor is married or has a child in the household who is a
19 licensed driver, a second motor vehicle with an equity value not exceeding fifteen
20 thousand dollars. If Paragraph (8) of this Subsection is applicable to the debtor, then
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HB NO. 135 ENROLLED
1 only one motor vehicle is exempt under the provisions of this Paragraph. The debtor
2 shall not have more than two exempt vehicles when applying the exemptions set
3 forth in this Paragraph and Paragraph (8) of this Subsection.
4 (c) The equity value of the motor vehicle shall be based on the NADA retail
5 value set forth in the JD Power Official Used Car Guide for the particular year,
6 make, and model.
7 (8) Seven thousand five hundred Twenty thousand dollars in equity value for
8 one motor vehicle per household which vehicle is substantially modified, equipped,
9 or fitted for the purposes of adapting its use to the physical disability of the debtor
10 or his family and is used by the debtor or his family for the transporting of such
11 person with a disability for any use.
12 * * *
13 D.(1) Except as provided in Paragraph (2) of this Subsection and in R.S.
14 11:292, the following shall be exempt from all liability for any debt except alimony
15 and child support: all pensions, all health savings accounts in which the total value
16 shall not exceed the annual deduction limits for family coverage as set by the
17 Internal Revenue Service for the current calendar year, all tax-deferred arrangements,
18 annuity contracts, and all proceeds of and payments under all tax-deferred
19 arrangements and annuity contracts, as defined in Paragraph (3) of this Subsection.
20 * * *
21 (3)(a) The term "tax-deferred arrangement" includes all individual retirement
22 accounts or individual retirement annuities of any variety or name, whether
23 authorized now or in the future in the Internal Revenue Code of 1986, or the
24 corresponding provisions of any future United States income tax law, including
25 balances rolled over from any other tax-deferred arrangement as defined herein,
26 money purchase pension plans, defined benefit plans, defined contribution plans,
27 Keogh plans, simplified employee pension (SEP) plans, simple retirement account
28 (SIMPLE) plans, Roth IRAs, or any other plan of any variety or name, whether
29 authorized now or in the future in the Internal Revenue Code of 1986, or the
30 corresponding provisions of any future United States income tax law, under which
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1 United States income tax on the tax-deferred arrangement is deferred. The term
2 "annuity contract" shall have the same definition as defined has the same meaning
3 as provided in R.S. 22:912(B).
4 (b) The term "health savings account" means accounts for medical expenses
5 authorized by 26 U.S.C. 220 et seq.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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