This amendment fundamentally rewrites the bill from a narrow exemption for one motor vehicle into a comprehensive listing of all property exempt from debt collection, including family pictures, religious seating, burial lots, books up to two hundred dollars, clothing, food, health aids, and domestic support payments—effectively broadening the bill from a single-issue motor vehicle exemption into a complete debtor protection statute. The engrossment notation indicates this is a "hog house" amendment that has substantially altered the original sponsor's intention.
26.447.16 26.447.17 101st Legislative Session 150 2026 South Dakota Legislature Senate Bill 150 SENATE JUDICIARY ENGROSSED This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor. Introduced by: Senator Larson Underscores indicate new language. Overstrikes indicate deleted language. An Act to exempt one motor vehicle of a debtor from being taken by legal process. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 43-45-4 43-45-2 be AMENDED: 3 43-45-4. In addition to 43-45-2. The Except as otherwise provided by law, the any following property provided for 4 mentioned in §§ 43-45-2 and 43-45-3, 4 the debtor, if the head of a family, may, each debtor, personally, or by an agent or 5 attorney, may select as this section is absolutely exempt property, pursuant to § 43-45-1, from all other such process, any levy, process, 5 or sale, except as otherwise provided by law: 6 (1) All of the 6 debtor's other personal property, that is not absolutely exempt, goods, chattels,: family pictures; 7 (1) Chattels, goods, merchandise, money, (2) A pew or other personal property sitting seating in any house of worship; 8 (3) A lot or lots in any burial ground; 9 (4) The debtor's family Bible and all schoolbooks used by the family, and all other 10 books used as a part of the family library, not to exceed 8 exceeding, exceeding in the aggregate seven: 9 (a) Seven thousand value two hundred 11 dollars in value; and, if not the head of a family, property 10 as aforesaid 12 (5) All wearing apparel and clothing of the value debtor and his the debtor's family; 13 (6) The provisions for the debtor and his the debtor's family necessary for one year's 14 supply, either provided or growing, or both, and fuel necessary for one year; 15 (7) All property in this state of five, the judgment debtor if the there is a judgment is against 16 the debtor is in favor of any state for failure to pay that state's income tax on benefits 17 received from a pension or other retirement plan while the head judgment debtor was a 18 resident of this state; 19 (8) Any health aids aid professionally prescribed to the debtor or to a family; dependant a 20 dependent of the debtor; 21 (9) Any court ordered domestic support award of alimony, maintenance, or 11 (b) Five thousand dollars, other 22 support of the debtor, which is also not a gross or lump sum and does not exceed seven 23 hundred fifty dollars per month; and 24 (10) A debtor's interest in value, if the debtor is not the head 12 of a family; and 13 (2) One one motor vehicle, as defined in § 32-5-1, not exceeding to exceed five 25 thousand dollars 14 in value over any security interest on interests and liens upon the motor vehicle. 15 The property selected pursuant to this section exempt, and which shall must be 16 chosen and appraised as provided by law. 17 26