State of South Dakota
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NINETY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2017 |
400Y0158 | HOUSE BILL NO. 1047 |
Introduced by: The Committee on Commerce and Energy at the request of the Department
of Labor and Regulation
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FOR AN ACT ENTITLED, An Act to modify the application timeline for state chartered banks
and trust companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 51A-2-16 be amended to read:
51A-2-16. The director shall actupon on an application to organize or change control of a
bank,; an application for a bank merger,; an application to open or close a branch bank, mobile
branch bank, or loan production office,; or an application to change a bank's location. Upon
After the filing of a completed application deemed acceptable to the director, the director shall
cause a public notice of the application to be published in a newspaper of general circulation
serving the community most directly affected by the application together with such any other
means of notification to interested persons as the director may determine appropriate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 51A-2-16 be amended to read:
51A-2-16. The director shall act
The notice shall direct that any interested persons may file a written objection or written
comment to the application with the division within thirty fifteen days following the date of
publication. Within forty-five thirty days following the date of publication, the director shall
consider any written objection and written comment and, in accordance with § 51A-3-9, either
approve or disapprove the application. The director shall provide written notice of the director's
action on the application to the applicant and to any person having filed with the division any
a written objection or written comment by mail to the person's last known address.
An applicant aggrieved by the director's action on the application, may, within fifteen days
after the notice has been mailed, file with the division a written request for a hearing before the
commission. Any person who has filed a written objection to the application may, within fifteen
days after the notice has been mailed, file a motion with the commission, in accordance with
§ 1-26-17.1, to become a party to the application proceeding and request a hearing before the
commission. Unless the commission grants the motion or unless the applicant has filed a written
request for hearing before the commission, the director's determination on the application is
final.
All proceedings before the commission on an application shall be held in conformance with
chapter 1-26. If the application involves establishment of any type of competitive banking
service in the trade territory of a bank in which any banking commissioner is interested, the
commissioner shall be deemed disqualified, and the commission shall be recomposed as
provided in § 51A-2-11.