State of South Dakota  
EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013  

616U0414   SENATE JUDICIARY ENGROSSED    NO.  HB 1171 -  02/28/2013  

Introduced by:    Representatives Hickey, Bolin, Craig, Cronin, Ecklund, Feinstein, Gibson, Haggar (Jenna), Hajek, Hunhoff (Bernie), Munsterman, Russell, Schoenfish, and Verchio and Senators Kirkeby, Hunhoff (Jean), Jensen, Krebs, Lederman, Lucas, Maher, Novstrup (Al), Otten (Ernie), Tidemann, and Van Gerpen
 

        FOR AN ACT ENTITLED, An Act to exempt certain property from bankruptcy levy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 43-45-2 be amended to read as follows:
    43-45-2. The property mentioned in this section is absolutely exempt from all such process, levy, or sale, except as otherwise provided by law:
            (1)    All family pictures;
            (2)    A pew or other sitting in any house of worship;
            (3)    A lot or lots in any burial ground;
            (4)    The 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;
            (5)    All wearing apparel and clothing of the debtor and his family;
            (6)    The provisions for the debtor and his 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 judgment is 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 professionally prescribed to the debtor or to a dependant of the debtor.
    Section 2. 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, personally, or by agent or attorney, select from all other of the debtor's personal property, not absolutely exempt, goods, chattels, merchandise, money, or other personal property not to exceed in the aggregate six seven thousand dollars in value; and, if not the head of a family, property as aforesaid of the value of four five thousand dollars, which is also exempt, and which shall be chosen and appraised as provided by law.