MyLRC +
HB 1011 to revise certain provisions relating to earnings...

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:
             (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.