ENTITLED, An Act to amend provisions of the Uniform Commercial Code relating to electronic
funds transfers and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 57A-4A-108 be amended to read as follows:
57A-4A-108. (a) Except as provided in subsection (b), this article does not apply to a funds
transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, P.L.
95-630, 92 Stat. 3728, 15 U.S.C. § 1693 et seq.) as amended from time to time.
(b) This article does apply to a funds transfer that is a remittance transfer, as defined in the
Electronic Fund Transfer Act of 1978 (Title XX, P.L. 95-630, 92 Stat. 3728, 15 U.S.C. § 1693 o-1)
as amended from time to time, unless the remittance transfer is an electronic fund transfer, as defined
in the Electronic Fund Transfer Act of 1978 (Title XX, P.L. 95-630, 92 Stat. 3728, 15 U.S.C.
§ 1693a) as amended from time to time.
(c) If there is an inconsistency between an applicable provision of this article and an applicable
provision of the Electronic Fund Transfer Act of 1978 (Title XX, P.L. 95-630, 92 Stat. 3728, 15
U.S.C. § 1693 et seq.) the provision of the Electronic Fund Transfer Act of 1978 (Title XX, P.L. 95-630, 92 Stat. 3728, 15 U.S.C. § 1693 et seq.) governs to the extent of the inconsistency.
Section 2. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
An Act to amend provisions of the Uniform Commercial Code relating to electronic funds transfers
and to declare an emergency.
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I certify that the attached Act
originated in the
SENATE as Bill No. 111
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 111
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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