STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

October 15, 1968

Charles Seaman
Superintendent of Banks
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 68-38

Detached drive-in banking facilities. Location measured by ordinary route of vehicular travel is proper, Sec. 4, Ch. 21, Laws of 1965

Dear Mr. Seaman:

You have made inquiry in regard to Chapter 21 of the Session Laws of 1965 which regulates the establishment and operation of detached drive-in facilities of banks. More particularly, you have called attention to Section 4 of such act which requires in municipalities of less than fifteen thousand population that no detached drive-in facility may be located 1000 feet or less from the main banking room of any other bank, branch bank or detached drive-in facility.

You have advised that the Banking Commission, in adopting a policy as to the location of such drive-in facilities, recognizes that in the absence of legislative direction in the statute, that the measurement of such 1000 feet must either be by a "straight-line" method in which case the impairment of such line by buildings or other obstacles is not to be considered, or such measurement be made by the usual and ordinary course of vehicular travel.

After a consideration of the problem you advise that the Banking Commission has concluded that the proper interpretation is to reject the "straight line" method of measurement and adopt a measurement of such 1000 feet by the ordinary course of vehicular travel, measured from the nearest corner of the drive-in facility to the nearest corner of the existing bank or branch building.

You have requested this office to advise whether or not such policy seems consistent with the statute in absence of any direction from the Legislature. You and the Commission can appreciate that ultimately the answer to the question will either have to be settled by the Legislature in making the statute itself more definite-or by the judiciary in interpreting the statute in an attempt to determine legislative intent.

It is my opinion that as the statute is dealing with a specific form of banking facility-a drive-in bank which is detached and located away from the main bank-that in attempting to ascertain legislative intent the subject matter of the act may be considered. It seems axiomatic that such facility ordinarily will accommodate persons using motor vehicles for banking purposes.

With the basic purposes of such statute in mind-the utilization of banking facilities by means of vehicular travel-it is my opinion that the policy adopted by the Banking Commission to measure such 1000 feet by the ordinary course of vehicular travel is proper. It is my conclusion that the policy adopted is consistent with the statute and is valid.

Respectfully submitted,

Frank L. Farrar
Attorney General