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AR HB1313

Bill

Status

Passed

4/11/2023

Primary Sponsor

Ashley Hudson

Click for details

Origin

House of Representatives

94th General Assembly (2023 Regular)

AI Summary

  • Amends Arkansas Code § 23-79-131(a)(1) to expand the definition of "proceeds and avails" from life insurance policies to include cash surrender value, policy proceeds, withdrawal values from optional settlements, and all other benefits and payments.

  • Extends exemptions from creditor claims to apply against garnishment, attachment, execution, seizure, legal or equitable process, and bankruptcy demands for both the insured and beneficiary.

  • Specifies exceptions where the exemption does not apply: pledges of policies to secure debt obligations, child support liens or levies, Department of Human Services claims against estates, and policies that become assets of the insured.

  • Clarifies that life insurance proceeds payable to beneficiaries other than the insured, including charitable organizations under 26 U.S.C. § 501(c)(3), for permitted business uses, or to the insured's spouse, children, or dependents are excluded from personal property limitations under Arkansas Constitution Article 9, § 2.

  • Approved April 11, 2023.

Legislative Description

To Amend The Exemptions Of Life Insurance Proceeds From Actions By Creditors And Representatives.

Last Action

Notification that HB1313 is now Act 579

4/11/2023

Committee Referrals

Insurance and Commerce4/5/2023
Insurance & Commerce2/28/2023
Insurance and Commerce1/30/2023

Full Bill Text

No bill text available