79th Legislative Session _ 2004

Committee: Senate Judiciary
Wednesday, February 18, 2004

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Duniphan
P    Koetzle
P    Moore
P    Schoenbeck
P    Knudson, Vice-Chair
P    de Hueck, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator de Hueck, Chair

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 13, 2004

Moved by:    Koetzle
Second by:    Duniphan
Action:    Prevailed by voice vote.

         HB 1074: prohibit the providing of false or misleading information to the Public Utilities Commission and to provide a penalty therefor.

Presented by:    Bob Sahr, Public Utilities Commission

MOTION:     DO PASS HB 1074

Moved by:    Schoenbeck
Second by:    Abdallah
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Duniphan, Koetzle, Moore, Schoenbeck, Knudson, de Hueck



         HB 1123: authorize banks to be organized as limited liability companies.

Proponents:    Thomas Adam, SD Bankers Assn.
        Cathy Brandner, Deptartment of Revenue and Regulation

MOTION:     AMEND HB 1123

1123je
     On page 1, line 11 of the House Judiciary Committee engrossed bill, delete " However, any bank that is " .

     On page 1 , delete line 12 .

     On page 3 , after line 21, insert:

"      Section 6. That § 51A-1-2 be amended by adding thereto NEW SUBDIVISIONS to read as follows:

     "Articles of incorporation," articles of incorporation for a bank organized by incorporators as a corporation pursuant to chapters 47-2 to 47-9, inclusive, and articles of organization for a bank organized by organizers or members as a limited liability company pursuant to chapter 47-34A;

     "By-laws," by-laws for a bank organized by incorporators as a corporation pursuant to chapters 47-2 to 47-9, inclusive, and operating agreement for a bank organized by organizers or members as a limited liability company pursuant to chapter 47-34A;

     "Stockholder," a shareholder of a bank organized by incorporators as a corporation pursuant to chapters 47-2 to 47-9, inclusive, and a member for a bank organized by organizers or members as a member as a limited liability company pursuant to chapter 47-34A;

     "Board of directors," board of directors for a bank organized by incorporators as a corporation pursuant to chapters 47-2 to 47-9, inclusive, and a manager for a manager-managed bank or a member for a member-managed bank organized as a limited liability company pursuant to chapter 47-34A;

     "Stock," shares for a bank organized by incorporators as a corporation pursuant to chapters 47-2 to 47-9, inclusive, and member equity for a bank organized as a limited liability company pursuant to chapter 47-34A;

     "Dividends," distributions for a corporation organized by incorporators as a corporation pursuant to chapters 47-2 to 47-9, inclusive, and distributions for a bank organized by organizers or members

as a limited liability company pursuant to chapter 47-34A.

     Section 7. That § 51A-3-2 be amended to read as follows:

     51A-3-2.   The For a bank organized as a corporation, the articles of incorporation of a bank corporation shall state , and for a bank organized as a limited liability company, the articles of organization of a bank shall state :

             (1)      That the corporation or limited liability company is formed for the purpose of engaging in the business of banking, or as a bank and trust company, or as a bank and trust department;

             (2)      The period for which such corporation or limited liability company is organized, not exceeding twenty years.

     The name of such bank shall be different from the name of any other bank or trust company in the county of its place of business. Its The capital stock of a bank organized as a corporation shall be divided into shares of not less than ten nor more than one hundred dollars each. The members' equity of a bank organized as a limited liability company shall be divided into units of not less than ten nor more than one hundred dollars each.

     Section 8. That § 51A-3-5 be amended to read as follows:

     51A-3-5.   The For a bank organized as a corporation, the original issue of bank stock , and for a bank organized as a limited liability company, the original issue of members' equity, shall be sold at a price of not less than twenty percent in excess of its par value and paid for in full in lawful money of the United States. The excess over the par value shall be credited on the books of the bank to the surplus.

     Section 9. That § 51A-3-6 be amended to read as follows:

     51A-3-6.   One-tenth of the net profit for any dividend period shall be carried to the surplus fund until such fund shall amount to twenty percent of the capital stock or members' equity . Any losses sustained in excess of undivided profits may be charged to the surplus account, but no dividends shall thereafter be declared or paid until the surplus fund shall amount to twenty percent of the capital stock or members' equity .

     Section 10. That § 51A-5-6 be amended to read as follows:

     51A-5-6.   It is lawful for any national bank to engage in trust business in this state to the extent authorized by the laws of the United States, without incorporating or organizing under the laws of this state, but they a national bank shall otherwise comply with and be subject to all laws of this state

which are applicable to state banks engaged in trust business including such examinations as may be deemed necessary, except that the authority of the commission and the director shall apply to their trust business only. The director may accept in lieu of an examination conducted under his the director's direction, any report of examination conducted by the appropriate federal regulatory agency.

     Section 11. That § 51A-12-2 be amended to read as follows:

     51A-12-2.   Except as otherwise provided in this title, no bank organized as a corporation or limited liability company may loan, or otherwise extend credit, to any corporation, partnership, or individual, an amount greater than the sum of:

             (1)      Twenty percent of its capital stock or members' equity and surplus; and
             (2)      Ten percent of its undivided profit.

     Such limit shall be determined for each calendar quarter on the basis of the bank's quarterly report of condition for the immediately previous calendar quarter. ".

Moved by:    Duniphan
Second by:    Knudson
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1123 AS AMENDED

Moved by:    Knudson
Second by:    Duniphan
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Abdallah, Duniphan, Koetzle, Moore, Knudson, de Hueck

Excused:    Schoenbeck

         HB 1108: revise the definition of unlawful sexual contact.

Presented by:    Representative Tim Rounds (Document #1)
Proponents:    Sharon Helbig, self, Pierre (Document #2

MOTION:     DO PASS HB 1108

Moved by:    Schoenbeck
Second by:    Duniphan


Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Duniphan, Koetzle, Moore, Schoenbeck, Knudson, de Hueck

MOTION:     PLACE HB 1108 ON CONSENT CALENDAR

Moved by:    Schoenbeck
Second by:    Knudson
Action:    Prevailed by voice vote.

         HB 1184: authorize a payor to make a deduction for transmitting an amount of an obligor's income pursuant to a child support order for withholding.

Presented by:    Representative Al Novstrup
Proponents:    David Braun, Department of Social Services
        Jim Hood, SD Retailers Assn.
        John Brown, Nat'l Federation Of Independent Business

MOTION:     DO PASS HB 1184

Moved by:    Schoenbeck
Second by:    Abdallah
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Abdallah, Duniphan, Schoenbeck, Knudson, de Hueck

Voting No:    Koetzle, Moore

         HB 1158: prohibit the taking of certain pictures of another without that person's consent.

Presented by:    Representative Joni Cutler
Proponents:    Chuck Schroyer, SD States Attorneys Assn.
        Jennifer Ring, ACLU of The Dakotas
        Dick Tieszen, SD Sheriffs

MOTION:     TO AMEND TITLE OF HB 1158

1158sta
     On page 1, line 2 of the printed bill, after " consent " insert "and to provide a penalty therefor".


Moved by:    Koetzle
Second by:    Duniphan
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1158 AS AMENDED

Moved by:    Schoenbeck
Second by:    Duniphan
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Duniphan, Koetzle, Moore, Schoenbeck, Knudson, de Hueck

The Chair deferred HB 1053 until Friday, February 20, 2004.

         HB 1212: extend visitation rights to great-grandparents under the same circumstances as grandparents.

Presented by:    Representative Richard Engels

MOTION:     DO PASS HB 1212

Moved by:    Koetzle
Second by:    Abdallah
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Duniphan, Koetzle, Moore, Schoenbeck, Knudson, de Hueck

MOTION:     PLACE HB 1212 ON CONSENT CALENDAR

Moved by:    Koetzle
Second by:    Abdallah
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Duniphan
Second by:    Schoenbeck
Action:    Prevailed by voice vote.

Sharon Reidinger

____________________________

Committee Secretary
Patricia de Hueck, Chair


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