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Changes to Existing Law

SB149Exempt one motor vehicle of a debtor from being taken by legal process.

1 section modified+379-228
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§ 43-45-2

Amended
+379-228
Section 43-45-2 — AMENDED
Property absolutely exempt. 43-45-2. The Except as otherwise provided by law, the following property mentioned in this section is absolutely exempt from all such process, any levy, process, or sale, except as otherwise provided by law: (1) All of the debtor's family pictures; (2) A pew or other sitting seating in any house of worship; (3) A lot or lots in any burial ground; (4) The debtor's family Bible and all schoolbooks used by the family, and all other books used as a part of the family library, not exceeding in value two hundred dollars; dollars in value; (5) All wearing apparel and clothing of the debtor and his the debtor's family; (6) The provisions for the debtor and his the debtor's family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one 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 debtor, which is not a gross or lump sum and does not exceed seven hundred fifty dollars per month. Source: CCivP 1877, month; and (10) A debtor's interest in one motor vehicle, as defined in § 323; CL 1887, § 5127; SL 1890, ch 86, § 1; RCCivP 1903, § 345; RC 1919, § 2658; SDC 1939, § 51.1802; SL 1993, ch 329; SL 2013, ch 224, § 1; SL 2014, ch 211, § 1. 32-5-1, not to exceed five thousand dollars in value over any security interests and liens upon on the vehicle. 26