84
th Legislative Session _ 2009
159ta
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That
§
57A-9-523
be amended to read as follows:
57A-9-523.
(a) If a person that files a written record requests an acknowledgment of the filing,
the filing office shall send to the person an image of the record showing the number assigned to the
record pursuant to § 57A-9-519(a)(1) and the date and time of the filing of the record. However, if
the person furnishes a copy of the record to the filing office, the filing office may instead:
(1)
Note upon the copy the number assigned to the record pursuant to § 57A-9-519(a)(1) and
the date and time of the filing of the record; and
(2)
Send the copy to the person.
(b) If a person files a record other than a written record, the filing office shall communicate to
the person an acknowledgment that provides:
(1)
The information in the record;
(2)
The number assigned to the record pursuant to § 57A-9-519(a)(1); and
(3)
The date and time of the filing of the record.
(c) The filing office shall communicate or otherwise make available in a record the following
information to any person that requests it:
(1)
Whether there is on file on a date and time specified by the filing office, but not a date
earlier than three business days before the filing office receives the request, any financing
statement that:
(A)
Designates a particular debtor or, if the request so states, designates a particular
debtor at the address specified in the request;
(B)
Has not lapsed under § 57A-9-515 with respect to all secured parties of record; and
(C)
If the request so states, has lapsed under § 57A-9-515 and a record of which is
maintained by the filing office under § 57A-9-522(a);
(2)
The date and time of filing of each financing statement; and
(3)
The information provided in each financing statement.
However, if the financing
statement contains a social security or employer identification number which has not been
supplied by the person requesting the information, such number shall be redacted prior
to providing the information. In the case of financing statements recorded in the office of
the register of deeds, the requirement for redaction of social security or employer
identification numbers only applies to financing statements recorded after July 1, 2009.
(d) In complying with its duty under subsection (c), the filing office may communicate
information in any medium. However, if requested, the filing office shall communicate information
by issuing a record that can be admitted into evidence in the courts of this state without extrinsic
evidence of its authenticity.
A computer printout from the centralized computer system established by the secretary of state
constitutes the certificate of the secretary of state as to whether there is on file, on the date and hour
stated thereon, a financing statement covering the following collateral: farm products or accounts,
or livestock, or general intangibles arising from or relating to the sale of farm products by a farmer,
or crops growing or to be grown, or equipment used in farming operations.
The secretary of state shall, upon a telephone request, furnish to any person, company, or
corporation, information as to whether a financing statement describing farm collateral has been filed
in the Office of the Secretary of State and, if such financing statement has been filed, the secretary
of state shall also furnish the name and business address of the secured creditor. However, the
secretary of state need not answer telephone inquiries in writing nor send written confirmation from
a telephone request. The secretary of state is not responsible for accuracy and completeness of the
information furnished verbally in response to a telephone request.
The secretary of state shall provide
a toll-free telephone number to provide access for telephone requests.
(e) The filing office shall perform the acts required by subsections (a) through (d) at the time and
in the manner prescribed by filing-office rule, but not later than two business days after the filing
office receives the request.
"
159tta
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "require the
redaction of certain numbers before furnishing copies of information.".
On page 1, delete line 2.
1108tta
On page 1, line 2, of the printed bill, delete "stationary" and insert "stationery".
Moved by: Kloucek
Second by: Tieszen
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1108 AS AMENDED
Moved by: Kloucek
Second by: Tieszen
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Gillespie, Miles, Schmidt, Tieszen, Gant
Excused: Kloucek
MOTION:
PLACE HB 1108 ON CONSENT CALENDAR
Moved by: Miles
Second by: Tieszen
Action: Prevailed by voice vote.
HB 1117: permit water user districts to provide certain health and life insurance
benefits.
Presented by: Senator Jason Gant
Proponents: Drew Duncan, BY Water District (Handout: 1)
MOTION:
DO PASS HB 1117
Moved by: Kloucek
Second by: Tieszen
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Bradford, Gillespie, Kloucek, Miles, Schmidt, Tieszen, Gant
The gavel was returned to Senator Gant.
HB 1119: permit background checks for persons seeking employment with
municipalities.
Presented by: Senator Craig Tieszen
Proponents: Yvonne Taylor, SD Municipal League (Handout: 2)
Charlie McGuigan of the South Dakota Attorney Generals office answered a question.
MOTION:
DO PASS HB 1119
Moved by: Gillespie
Second by: Miles
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Gillespie, Kloucek, Miles, Schmidt, Tieszen, Gant
Voting No: Bradford
THE CHAIR DEFERRED HB 1134 UNTIL FRIDAY FEBRUARY 20TH, 2009
MOTION:
ADJOURN
Moved by: Gillespie
Second by: Miles
Action: Prevailed by voice vote.
Joshua Klumb
____________________________
Committee SecretaryJason M. Gant, Chair