P - Present
Roll Call
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
E - Excused
A - Absent
P Abdallah
P Duniphan
P Koetzle
P Moore
P Schoenbeck
P Knudson, Vice-Chair
P de Hueck, Chair
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
"
Section 6. That
§
51A-1-2
be amended by adding thereto NEW SUBDIVISIONS to read as
follows:
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
:
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:
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
HB 1212: extend visitation rights to great-grandparents under the same circumstances
as grandparents.
Sharon Reidinger
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.
Committee Secretary
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