2019 - 2020 LEGISLATURE
October 14, 2019 - Introduced by Representatives Kulp, Tusler, Macco, Steffen,
Skowronski, Plumer, Ott, Magnafici, Krug, Gundrum, Felzkowski, Edming,
Dittrich, Brandtjen and Allen, cosponsored by Senators Kooyenga,
Marklein, Bernier, Kapenga, Petrowski and Wanggaard. Referred to
Committee on Judiciary.
1An Act to create
815.18 (2) (im), 815.18 (2) (km) and 815.18 (3) (q) of the statutes; 2relating to: exempting health savings accounts and medical savings accounts
3from execution of judgment.
Analysis by the Legislative Reference Bureau
This bill exempts health savings accounts and medical savings accounts from
execution of judgment. Under current law, certain property items are, with some
exceptions, exempt from execution. Current law defines the term “exempt” to mean
that property identified in the statutes as “exempt” is free from any lien obtained by
judicial proceedings and not liable to seizure or sale on execution or on any
provisional or final process issued from any court, or any proceedings in aid of court
process. This bill adds health savings accounts and medical savings accounts to the
list of property exempt from execution.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
815.18 (2) (im) of the statutes is created to read:
(im) “Health savings account” means a health savings account 6
described in 26 USC 223
815.18 (2) (km) of the statutes is created to read:
(km) “Medical savings account” means a medical savings account 3
described in 26 USC 220
815.18 (3) (q) of the statutes is created to read:
(q) Health savings accounts; medical savings accounts.
Assets held 6
in, or amounts payable on account of, a health savings account, a medical savings 7
account, or a similar plan or account.