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 That § 43-45-5 be repealed.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:
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,
Section 2. That § 43-45-5 be repealed.
(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.