State of South Dakota
|
SEVENTY-SECOND
SESSION
LEGISLATIVE ASSEMBLY, 1997 |
880A0283 |
HOUSE BILL
NO.
1011
|
Introduced by: The Committee on State Affairs at the request of the State Auditor |
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to earnings subject to
garnishment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 21-18-51 be amended to read as follows:
21-18-51. The maximum part of the aggregate disposable earnings of an individual for any
workweek which is subject to garnishment may not exceed the lesser of:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 21-18-51 be amended to read as follows:
21-18-51. The maximum part of the aggregate disposable earnings of an individual for any
workweek which is subject to garnishment may not exceed the lesser of:
(1)
Twenty percent of disposable earnings for that week;
(2)
The amount by which disposable earnings for that week exceed forty times the
federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor
Standards Act of 1938, as amended and in effect on January 1,
1989
1997
, Pub. L.
95-151; 91 Stat. 1245; 29 U.S.C. 206, or any equivalent multiple thereof prescribed
by regulation by the secretary of labor in case of earnings for any pay period other
than a week, in effect at the time the earnings are payable less twenty-five dollars per
week for each dependent family member residing with the garnishment debtor other
than the garnishment debtor himself or herself.
The restrictions of subdivisions (1) and (2) do not apply in the case of any order of any court
for the support of any person or any order of any court of bankruptcy under Title 11 of the United States Code.