South Dakota legislation · 100th Legislature (2025)
South Dakota SB88: increase the amount of exempt proceeds when a homestead is sold or divided by court order.
Status: Signed into law, March 31, 2025
What the bill says
An Act ENTITLED An Act to increase the amount of exempt proceeds when a homestead is sold or divided by court order.
From the enrolled text:
An Act ENTITLED An Act to increase the amount of exempt proceeds when a homestead is sold or divided by court order. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 43-45-3 be AMENDED: 43-45-3. A homestead: (1) As defined and limited in chapter 43-31, is absolutely exempt; or (2) In the event the homestead is sold under the provisions of chapter 21-19, or is sold by the owner voluntarily, the proceeds of the sale, not exceeding the sum of one hundred thousand dollars, are absolutely exempt for a period of one year after the receipt of the proceeds by the owner. If the homestead is divided by court order pursuant to § 25-4-44 and a lien is imposed on the homestead for the benefit of the nonoccupant spouse pursuant to § 25-4-42, absence from the homestead and loss of title to the homestead pursuant to the court order do not constitute forfeiture of the homestead exemption, and homestead protection must attach to the judicial lien for a period of one year. The exemption is limited to one hundred seventy thousand dollars for a homestead of a person seventy years of age or older or the unremarried surviving spouse of such person so long as it continues to possess the character of a …
Sponsors
- Tom Pischke (R, 25) · primary sponsor
- Brandei Schaefbauer (R, HD-003) · primary sponsor
- Julie Auch (R, HD-018)
- Aaron Aylward (R, HD-006)
- Heather Baxter (R, HD-034)
- Phil Jensen (R, 33)
- Dylan Jordan (R, HD-004)
- Larson, Liz (D)
- Logan Manhart (R, HD-001)
- May, Liz (R, 27)
- Carl Perry (R, 03)
- John Sjaarda (R, HD-002)
Latest actions
- : Signed by the Governor
- : Delivered to the Governor
- : Signed by the Speaker
- : Signed by the President
- : Do Pass Amended
- : Certified uncontested, placed on consent
- : Do Pass
- : Scheduled for hearing
- : Referred to Judiciary
- : First Reading House
Votes
- Do Pass Amended (March 6, 2025): 69 yea, 0 nay, passed
- Do Pass (March 5, 2025): 13 yea, 0 nay, passed
- Do Pass Amended (February 4, 2025): 35 yea, 0 nay, passed
- Do Pass Amended (January 30, 2025): 7 yea, 0 nay, passed
Subjects: Property
Common questions
- What is SB88?
- SB88 is a bill in the South Dakota Legislature (100th Legislature (2025)): increase the amount of exempt proceeds when a homestead is sold or divided by court order.
- What does SB88 do?
- In its own words: An Act ENTITLED An Act to increase the amount of exempt proceeds when a homestead is sold or divided by court order.
- What is the status of SB88?
- Signed into law as of March 31, 2025. Latest action: Signed by the Governor (March 31, 2025).
- Who sponsored SB88?
- Tom Pischke (R, 25), with 11 co-sponsors.
- Where is the official record for SB88?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/25491
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.