Minnesota Legislature
SF 3137
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/28/2023 03:10pm
Current Version - as introduced
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A bill for an act
relating to civil actions; expanding types of property that cannot be attached,
garnished, or sold in a final judgment; amending Minnesota Statutes 2022, section
550.37, subdivisions 2, 4, 6, 12a, 14, 22, 23, by adding subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 550.37, subdivision 2, is amended to read:
Subd. 2.
Bible and musical instrument.
The family Bible, library,new text begin Koran, prayer rug,
other like religious items,new text end and musical instrumentsnew text begin not exceeding $2,000new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action pending on or commenced on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2022, section 550.37, subdivision 4, is amended to read:
Subd. 4.
Personal goods.
(a) All wearing apparel, one watch, utensils, and foodstuffs
of the debtor and the debtor's family.
(b) Household furniture, household appliances, phonographs, deleted text begin radio and television
receiversdeleted text end new text begin radios, computers, tablets, televisions, printers, cell phones, and similar consumer
electronicsnew text end of the debtor and the debtor's family, not exceeding $11,250 in value.
(c) The debtor's aggregate interest, not exceeding $3,062.50 in value, in deleted text begin wedding rings
or other religious or culturally recognized symbols of marriage exchanged between the
debtor and spouse at the time of the marriage anddeleted text end new text begin jewelrynew text end in the debtor's possession.
The exemption provided by this subdivision may not be waived except with regard to
purchase money security interests. Except for a pawnbroker's possessory lien, a nonpurchase
money security interest in the property exempt under this subdivision is void.
If a debtor has property of the type which would qualify for the exemption under clause
(b), of a value in excess of $11,250 an itemized list of the exempt property, together with
the value of each item listed, shall be attached to the security agreement at the time a security
interest is taken, and a creditor may take a nonpurchase money security interest in the excess
over $11,250 by requiring the debtor to select the exemption in writing at the time the loan
is made.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action pending on or commenced on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2022, section 550.37, subdivision 6, is amended to read:
Subd. 6.
Tools of trade.
The tools, implements, machines, new text begin vehicles, new text end instruments, office
furniture, stock in trade, and library reasonably necessary in the trade, business, or profession
of the debtor, not exceeding $12,500 in value.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action pending on or commenced on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2022, section 550.37, subdivision 12a, is amended to read:
Subd. 12a.
Motor vehicles.
One motor vehicle to the extent of a value not exceeding
deleted text begin $5,000deleted text end new text begin $7,500new text end ; or one motor vehicle to the extent of a value not exceeding $50,000 that has
been modified, at a cost of not less than $3,750, to accommodate the physical disability
making a disabled person eligible for a certificate authorized by section 169.345.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action pending on or commenced on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2022, section 550.37, subdivision 14, is amended to read:
Subd. 14.
Public assistance.
All government assistance based on need, and the earnings
or salary of a person who is a recipient of government assistance based on need, shall be
exempt from all claims of creditors including any contractual setoff or security interest
asserted by a financial institution. For the purposes of this chapter, government assistance
based on need includes but is not limited to Minnesota family investment program,
Supplemental Security Income, medical assistance, MinnesotaCare, payment of Medicare
part B premiums or receipt of part D extra help, MFIP diversionary work program, work
participation cash benefit, Minnesota supplemental assistance, emergency Minnesota
supplemental assistance, general assistance, emergency general assistance, emergency
assistance or county crisis funds, energy or fuel assistance, deleted text begin anddeleted text end Supplemental Nutrition
Assistance Program (SNAP)new text begin , and the portion of any tax refund attributable to the Earned
Income Tax Credit, Minnesota Working Family Credit, and additional child tax creditnew text end . The
salary or earnings of any debtor who is or has been an eligible recipient of government
assistance based on need, or an inmate of a correctional institution shall, upon the debtor's
return to private employment or farming after having been an eligible recipient of government
assistance based on need, or an inmate of a correctional institution, be exempt from
attachment, garnishment, or levy of execution for a period of six months after the debtor's
return to employment or farming and after all public assistance for which eligibility existed
has been terminated. The exemption provisions contained in this subdivision also apply for
60 days after deposit in any financial institution, whether in a single or joint account. In
tracing the funds, the first-in first-out method of accounting shall be used. The burden of
establishing that funds are exempt rests upon the debtor. Agencies distributing government
assistance and the correctional institutions shall, at the request of creditors, inform them
whether or not any debtor has been an eligible recipient of government assistance based on
need, or an inmate of a correctional institution, within the preceding six months.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action pending on or commenced on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2022, section 550.37, subdivision 22, is amended to read:
Subd. 22.
Rights of action.
Rights of action for injuries to the person of the debtor or
of a relative whether or not resulting in death.new text begin Injuries to the person include physical, mental,
and emotional injuries.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action pending on or commenced on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 550.37, subdivision 23, is amended to read:
Subd. 23.
Life insurance aggregate interest.
The debtor's aggregate interest not to
exceed in value $10,000 in any accrued deleted text begin dividenddeleted text end new text begin dividendsnew text end or interest under or loan value
of any unmatured life insurance deleted text begin contractdeleted text end new text begin contractsnew text end owned by the debtor under which the
insured is the debtor or an individual of whom the debtor is a dependent.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action pending on or commenced on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 550.37, is amended by adding a subdivision to
read:
new text begin Subd. 27. new text end
new text begin Household tools and equipment. new text end
new text begin
The debtor's aggregate interest, not to
exceed $3,000, in hand and power tools, snow removal equipment, and lawnmowers.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action pending on or commenced on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2022, section 550.37, is amended by adding a subdivision to
read:
new text begin Subd. 28. new text end
new text begin Property tax refunds. new text end
new text begin
Any refund due under chapter 290A, up to a present
value of $3,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action pending on or commenced on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2022, section 550.37, is amended by adding a subdivision to
read:
new text begin Subd. 29. new text end
new text begin Any Property. new text end
new text begin
The debtor's aggregate interest in any property except earnings,
not to exceed $5,000. The provisions of this section do not apply to the exemption of wages,
that subject being fully provided for by subdivision 13 and section 571.922.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action pending on or commenced on or after that date.
new text end