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HB 1093 to increase the amount of property exempt from...

State of South Dakota  
SEVENTY-THIRD SESSION
LEGISLATIVE ASSEMBLY,  1998
 

583B0091  
HOUSE BILL   NO.     1093  

        Introduced by: Representatives Collier, Brown (Jarvis), and Sokolow and Senator Kloucek  

         FOR AN ACT ENTITLED, An Act to increase the amount of property exempt from process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 43-45-4 be amended to read as follows:
     43-45-4.   In addition to the property provided for in § §   43-45-2 and 43-45-3, the debtor, if the head of a family, may, by himself, his agent, personally, or by agent or attorney, select from all other of his personal property, not absolutely exempt, goods, chattels, merchandise, money, or other personal property not to exceed in the aggregate four ten thousand dollars in value; and, if a single person, not the head of a family, property as aforesaid of the value of two five thousand dollars, which is also exempt, and which shall be chosen and appraised as provided by law.
     Section  2.  That § 43-45-5 be repealed.
     43-45-5.   Instead of the exemptions of personal property granted in §   43-45-4, the debtor, if the head of a family, may select and choose the following property, which shall then be exempt, namely:
             (1)      All miscellaneous books and musical instruments for the use of the family, not exceeding two hundred dollars in value;
             (2)      All household and kitchen furniture, including beds, bedsteads, and bedding used by the debtor and his family, not exceeding two hundred dollars in value; but in case the debtor shall own more than two hundred dollars worth of such property, he must select therefrom such articles to the value of two hundred dollars, leaving the remainder subject to legal process;
             (3)      Two cows, five swine, two yoke of oxen, or one span of horses or mules, twenty-five sheep and their lambs under six months old, and all wool of the same, and all cloth or yarn manufactured therefrom, the necessary food for the animals hereinbefore mentioned for one year, either provided or growing, or both, as the debtor may choose; also one wagon, one sleigh, two plows, one harrow, and farming machinery and utensils, including tackle for teams, not exceeding twelve hundred fifty dollars in value;
             (4)      The tools and implements of any mechanic, whether a minor or of age, used and kept for the purpose of carrying on his trade or business, and in addition thereto, stock in trade not exceeding two hundred dollars in value;
             (5)      The library and instruments of any professional person, not exceeding three hundred dollars in value.