SB 150 — exempt one motor vehicle of a debtor from being taken by legal process.

26.447.1626.447.17 101st Legislative Session 150 South Dakota Legislature Senate Bill 150 IntroducedSENATE by:JUDICIARY ENGROSSED This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.

Introduced by:

BBE E IT ENACTED BY THE LEGISLATUREL EGISLATURE OF THE SSTATE TATE OF SOUTHS OUTH D AKOTA :

That § 43-45-443-45-2 be AMENDED:

43-45-4.43-45-2.

InThe additionExcept toas theotherwise any property provided forby inlaw, §§ 43-45-2 and 43-45-3, the debtor,following ifproperty thementioned headin ofthis asection family,is may,absolutely each debtor, personally, or by an agent or attorney, may select as exempt property, pursuant to § 43-45-1, from all othersuch ofprocess, theany debtor'slevy, otherprocess, personalor property,sale, thatexcept isas nototherwise absolutelyprovided exempt,by goods,law: chattels,:

(1) Chattels,All goods,of merchandise, money, or other personal property not to exceed exceeding, in the aggregatedebtor's seven:family pictures;

(a)(2) SevenA thousandpew dollarsor other sitting seating in value;any house of worship;

and,(3) ifA notlot theor headlots ofin aany family,burial propertyground; as aforesaid of the value of five, if the debtor is the head of a family;

or(4) (b)The Fivedebtor's thousandfamily dollars,Bible whichand isall alsoschoolbooks inused value,by ifthe family, and all other books used as a part of the debtorfamily islibrary, not theexceeding headin ofvalue atwo family;hundred dollars in value;

and(5) (2)All Onewearing motorapparel vehicle,and asclothing definedof inthe §debtor 32-5-1,and nothis exceeding five thousand dollars over any security interest on the motordebtor's vehicle.family;

(6) The propertyprovisions selectedfor pursuantthe todebtor thisand sectionhis exempt,the anddebtor's whichfamily shallnecessary mustfor beone chosenyear's supply, either provided or growing, or both, and appraisedfuel asnecessary providedfor byone law.year;

(7) All property in this state of the judgment debtor if the there is a judgment is against the debtor in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan while the judgment debtor was a resident of this state;

(8) Any health aids aid professionally prescribed to the debtor or to a dependant a dependent of the debtor;

(9) Any court ordered domestic support award of alimony, maintenance, or other support of the debtor, which is not a gross or lump sum and does not exceed seven hundred fifty dollars per month;

and (10) A debtor's interest in one motor vehicle, as defined in § 32-5-1, not to exceed five thousand dollars in value over any security interests and liens upon the vehicle.