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• ______________________ __________________________________________________________ Vol. 9 No. 38 Des Moines, Iowa January 12,1981 Legislatures Look at Banking Bills # # at the state level is occupying the attention of most state bankers associations and other groups of bankers at this time. A number of bills have either been introduced or are being prepared for submission, as noted in this rundown by states, obtained at press time by telephone interviews: Illinois - IB A The state legislature is being sworn in this week and will start its sessions next Monday or Tuesday in Springfield. The Illinois Bankers Association legislative committee was to meet late last week in Chicago to review its agenda prior to the opening of the state legislative assembly. Minnesota The Minnesota Bankers Associa tion legislative committee met late last week to consider various banking matters that might be presented to the legislature. One bill that is expected to be introduced would explore the elimination of interest ceilings on all transactions, other than residential mortgages, for federally insured lenders. Another bill will deal with the ban kru p tcy situation and will propose that Minnesota residents be confined to the exemptions provided in present state bankruptcy code rather than the federal bankruptcy provisions enacted a year ago. Other tentative legislation may deal with the issue of requiring the state to L e g is l a t io n compensate banks for having to reproduce bank records o f a customer by state order, the same as now done under federal law for federal authorities. North Dakota The N orth D akota Bankers Association executive council has approved its backing for seven NDBA bills and for bills proposed by the Bank of North Dakota and the state banking department. NDBA bills include elimination of state usury ceilings, reinstitution of North Dakota bankruptcy exemp tions, permission to increase in size state chartered banks’ boards of directors, reimbursement by state agencies to banks for record searches, elimination of require ment for banks to register with the N.D. Securities Commission as dealers if they procure Treasury Bills through a correspondent for customers, acceptance of CPA audits by state banking depart ment, and trust income averaging. The Bank of North Dakota and state banking department bills are primarily housekeeping in nature. The NDBA also announced it will take no action in the legislature on bank structure laws, adhering to its p reviou sly adopted p olicy of remaining neutral. The NDBA legislative committee and executive council met in Bismarck late last week to consider additional matters. South Dakota The South D akota Bankers Association will support legislation to be introduced that would revise the state banking code. This bill is a result of a study underway since last M ay by the State Banking Commission to make sure that state banking laws are compatible with national banking laws so that state chartered banks are on a par with national banks. Governor William Janklow is proposing a bill to create a state entity to issue state bonds, the proceeds of which would be issued through financial institutions to finance starting farmers. The bill is similar to one enacted in Iowa a year ago, and has SDBA support. The association also supports a proposal by the Governor to remove usury ceilings for everyone. Last year, the legislature lifted the ceilings for regulated financial institutions. Iowa The Iowa Bankers Association is proposing or supporting several bills: One would face the bankruptcy issue and require state exemptions be used. Another would scrap the due on sale provisions of mortgage loans, and a third would allow title insurance to be sold in the state as it is in all other states. Another bill looks at the entire area of competition from savings and loans as they seek more services to become like banks. An office bill would allow one i C A LL ON TH E “PE R FO R M A N C E TE A M ” i w h e re c o m m o n tra n s a c tio n s a re h a n d le d u n c o m m o n ly w ell. A https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis I IIHHÜJIII FIRSTNATIONAL LINCOLN 13th & M Street • Lincoln, Nebraska 68501 • Member, F.D.I.C. □ I would like to sell my majority bank stock. □ I would like to buy ma jority bank stock. Please Contact: J. Mason Henry i I I Charles E. Walters Co., InC. P.O. Box 1313, Omaha, Nebraska 68101 Phone: (402)553-6400 i I > I__________ __________________ —J additional office in any community. An omnibus bill on behalf of the state banking department would be housekeeping in nature to update old statutes. The usury rate was lifted last year with a three-year sunset provision and the IBA plans to keep watch on this in the event a move is made to scrap that provision and the bill. Montana A bill similar to the South Dakota legislation of 1980 would lift interest rate ceilings for all regulated lend ers. It is supported by the Montana Bankers Association. The debate over branching is bringing up three bills. One would authorize two additional drive-in facilities besides the present one must be within 1,000 feet of the bank. The two added ones could be anywhere up to three miles beyond the city limits. For banks in cities of less than 50,000, the bill would authorize just one added facility. The M BA supports the bill. SB 5, proposed by the Legislative Interim Committee Study, recom mends the same geographical limitations and same detached teller facilities but also would allow the B ank o n a BANKERS’ BANKER C all 1-800-362-1688, toll-free in Iow a https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis facility to either be a drive-in or a branch. Another new wrinkle would state that a credit union or bank, to establish a drive-in teller facility, would also have to advise the banking superintendent. The latter could deny it only by showing just cause, and just cause may not consider increased competition. For a branch, the applicant would have to go through the banking board, but the same provisions would apply. Illinois - AM BI The Association for Modern Banking in Illinois will actively support its multi bank holding company legislation again. This bill would set up five holding company regions in the state, and allow each MBHC to acquire banks only in its own region and one contiguous region. N ew ly-chartered banks could not be acquired for 10 years, and an MBHC could not charter new banks. It would also authorize an additional limited service facility. Currently, Illinois law allows the first one within 1,500 feet of the main bank, a second within 3,500 yards. The third, if authorized, could be anywhere in the home county or, if outside the county, no further than 10 miles, and must also be at least one mile from the main office of any other bank. AM BI also will sponsor amortiza tion o f bond prem ium s and deduction for expenses incurred in generating the income from state, local and municipal bonds. AM BI will support legislation that would remove rate limitations on revolving and instalment loans; authorize safe deposit boxes at limited service facilities; allow bank security guards to carry weapons off prem ises; create a new act regulating procurement and use of debit cards; enact a provision under the revolving loan authorization to allow for the security of revolving credit with an equity interest in real estate; delete the requirement that school fund deposits be collateral ized, and authorize billing the state for expenses incurred by a bank in the inventorying of safe deposit boxes. Nebraska The Nebraska Bankers Associa tion will support in the legislature the Bank Structure Bill that resulted from a study prepared by its Task Force appointed after the convention last May. As reported here in the December 1 issue, that bill would permit Nebraska banks to GET THE COMPETITIVE EDGE over savings and loan, credit unions, etc. This “on-premise” system gives you complete inde pendence, competitive flex ibility and control. Get tighter instantaneous reporting in every phase of your operation. At the sam e tim e reduce your operating costs. A program for your every need — and m ore. T h e best banking system in the industry. ____ liP » * Modern Banking Systems, Inc 6818 Grover St., Om aha, N ebraska 68106 (402) 392-0151 increase the number of full service, detached facilities to a total of five per bank by 1983. Currently, a bank may have two. The first must be within three miles of the bank. Each of the additional four would be permitted anywhere in the city, without footage restriction. A bank could have three in 1981, four by 1982 and five by 1983 and thereafter. The action was suppor ted by the majority of the Executive Council, and opposed by Omaha National and U.S. National of Omaha, which prefer statewide multi bank holdin g com p an y expansion or bran ch in g. The Nebraska Independent Bankers Association considered the N BA Task Force separately, and ap proved it. Other matters Nebraska banks likely will face in the legislature would include stock ownership of S&Ls, which the NBA opposes; fighting the IRS ruling (80-55) which would state that banks pledging tax-exempt public securit- Send Your News Today to the NORTHWESTERN BANKER TELL US ABOUT. . . 306 Fifteenth street DES MOINES, IOWA 50309 Staff Changes Business Campaigns Mergers, Consolidations New Departments at the Bank Remodeling or New Building BANK .......................................................... OFFICER ..................................................... J .......... ..... TITLE CITY https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis STATE Open Houses Anniversary Parties Deaths or Retirements Speeches Made by Bank Officers Special Announcements to the Public unci iOCLdtzi Bank Consultants Specializing in Bank Acquisitions P O Box 450 515-232-0814 405 Mam Ames. Iowa 50010 D onald E. H older. Principal ies under certain conditions could not deduct the interest paid to the state or governmental entity; the matter of agister liens, which is heating up among feed suppliers who want their liens to take precedence over bank loans to buy the cattle, and the subject of bank card rates and fees. The NBA probably will ask for authorization for banks for per item charges and an annual service fee for the cards. Iowa News The Iowa Junior Bankers Associ ation is offering a series of 12 inform ational dinner/sem inars titled “ A New Twist- Turning Prospects into Customers.” The seminars will feature personnel of Financial Shares Corporation, a leading marketing and training firm. Each seminar will open with registration at 5:30 p.m ., dinner at 6:00 p.m ., and the one and one-half hour seminar beginning promptly at 7:00 p.m. The first week of seminars was published previously. The remaining seminars will be January 26, Fort Madison, Holiday Inn; January 27, Davenport, Black Hawk; January 28, Dubuque, Midway Motor Lodge; January 29, Waterloo, Conway Civic Center; February 9, Sioux City, Hilton; February 10, Emmetsburg, Iowa Lakes Community College; Febru ary 11, Fort Dodge, Starlite Village, and February 12, Mason City, Holiday Inn. DES MOINES: Eugene G. “ Bud” Precht, 52, has been elected president and chief executive officer of the Iowa-Des Moines National Bank. He will succeed Robert E . Lee on or before March 1. Mr. Lee resigned December 23 to accept appointment as president and chief executive officer of the First National Bank of Denver. Mr. Precht has been president and chief executive officer of the $230 million asset Northwestern National Bank BANKERS PARTICIPATING asePtaalnc. 545 - 31st Street Des Moines. Iowa 50312 R. L. “DICK” SELLON https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis S outhw est in B loom in gton , a Minneapolis suburb. It is also a member of Northwest Bancorporation. MAPLETON: John R. Welch, president of First State Bank, and E.C. Thompson, president and chairman of Security National Corporation of Sioux City, have announced that the Federal Reserve Bank of Chicago has approved Security’s application to acquire First State Bank. The holding company also owns controlling interest in Security National Bank of Sioux City and Northwestern State Bank of Orange City. MAQUOKETA: Peter F. Bezanson, chairman of Jackson State Bank, and Paul D. D unlap, president of Hawkeye Bancorporation, Des Moines, announced last week agreement has been reached for the proposed merger of Jackson State into the Hawkeye holding company for convertible preferred stock of Hawkeye. The offer is being made to all Jackson State stockholders. The bank has $65 million in assets and 35 % of deposits in Jackson County, with offices in Delmar and Bernard. M T. P L E A S A N T : G erald L. N ordbrock, chairman o f M t. Pleasant Bank & Trust Co., has announced the appointment of Daniel E. Jessen as a senior vice president of the bank. Mr. Jessen was most recently vice president of Citizens State Bank in Donnellson. Nebraska News LAUREL: Richard E. Adkins, Jr. has been elected president and chairman of the board of Security National Bank. He succeeds as president his father, Richard E. Adkins. HARRISON: Wayne Hoskinson has been promoted to president of the Sioux National Bank. He succeeds Charles R. Leffler, who resigned as president, but will remain on as chairman. Prior to joining Sioux National, Mr. H os kinson was vice president of the First National Bank of York. He joined Sioux National in 1979 as SIOUX CITY: Stephen J. Hatz has been named a vice president in the correspondent bank division at S ecurity N ational Bank, and Douglas Rice has been elected vice president and general auditor. SPENCER: Randy Carlson, head of the agricultural loan department of the Clay County National Bank, has been promoted to vice president, according to Bill Griggs, president. Mr. Carlsonjoinedthebankin 1979, from the First National Bank in Humboldt. WATERLOO: Byron Loving has been appointed senior vice president of the commercial loan department of the National Bank of Waterloo, according to R. Scott Fetner, president. Mr. Loving was previ ously senior vice president of the credit division of the Bremer Service Co. of St. Paul. He is a graduate of Buena Vista College at Storm Lake. Serv LOAN ACTIVITY BULLETIN Who: names of all debtors in the county recorded during the period What: name of secured party When: the date the loan was filed with the Secretary of State Where: location where loan made fast service -2463 r e c o r d s executive vice president. South Dakota News ARLINGTON : The Arlington State Bank celebrated its 85th anniver sary with an open house recently. CUSTER: Robert J. Albrecht has joined the staff of the Custer County Bank as cashier. He was formerly em ployed w ith the Iow a-D es Moines National Bank. He gradu ated from the University of North Dakota. RAPID CITY: Two new bank offi cers were elected recently at the First National Bank of the Black Hills, president Charles T. Undlin announced. R obert W orth was elected vice president and manager of the Sturgis branch and Edward Toms was elected vice president and manager of the Lead branch. North Dakota News The N orth D akota Bankers Association is sponsoring a bill in the new state legislature that seeks to eliminate state usury ceilings, similar to action taken last year by the South Dakota legislature. Also, several large banks will sponsor a bill that would permit each bank to offer full service facilities at the detached office currently permitted, rather than the limited service that presently can be offered. Montana News Senate Bill No. 5 has been introduced in the Montana Legisla ture by Senator Matt Himsl (R), Kalispell, that would authorize any bank in the state to establish a detached drive-in and walk-up facility or a branch office anywhere in its home town or city and not more than three miles beyond the city or town limits. It may not be closer than 1,500 feet to any other existing bank. Also banks in cities of more than 50,000 population may have two such facilities. Any services offered at the main bank may be offered at such a branch office. Apparently, the new authori zation would be in addition to head office drive-in facilities currently authorized to be within 1,000 feet of the main bank. A companion bill, No. 2, would also authorized credit unions to establish additional offices to serve its members. Both bills will be reviewed by the Senate Business and Industry Committee. Minnesota News The dates and location of the https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Minnesota Bankers Association’s Senior Management Conference have been changed. The conference now will be held February 18-19 at the Radisson St. Paul Hotel in St. Paul. (Previous dates were Febru ary 11-12.) State legislators will be guests at the first day session, which starts the afternoon of February 18. A complete program will be announced within a short time. MANKATO: Calvin A. Johnson has been prom oted to vice president-agriculture and real es tate lending at First Bank Mankato. A SK DALE FR OEHLICH MONTGOMERY: Citizens State Bank celebrated its 75th anniver sary with an Appreciation Day recently. The program included a drawing for 75 appreciation certifi cates and a hot beef and pork lunch. OWATONNA: Dwight D. Randall has been elected to the position of vice president/manager of the personal banking department of the Northwestern Bank, Kenneth E. Wilcox, president, has announced. Mr. Randall most recently served as branch manager of the First National Bank of Deer River. PENNOCK: Roland J. Boll has been named vice president at State Bank. He was previously vice president of the First National Bank of Montevideo. He majored in agricultural econom ics at the University of Minnesota. ST. PAUL: Merlin M. Helgemoe, president of First Bank State, has announced the election of Thomas M. Naughtin as personal banking officer. He joined the staff as a management associate in 1977. He is a graduate of the University of Minnesota, Duluth. Wyoming News CASPER: A t the American Bank, Susan Cox has been promoted to administrative assistant to the to make MNB work for you. Toll free 1- 800 - 332-5991 Merchants A National Bank 151 Member F.D.I.C. A BANKS OF IOWA BANK president and Douglas F. Bryden was promoted to assistant/ vice president in charge of business development. SHOSHONI: Promoted at First State Bank were Robert J. Crocker, to vice president, and Barbara Eller, to assistant vice president. W H EATLAN D: Jerry Gebhart, a loan officer for seven years at First Wyoming Bank, has been named a vice president, according to presi dent Gene Hayes. WORLAND: Dean M. Bartels, president of the First National Bank, has announced Mike Blackbum has assumed the position of loan officer. He was formerly vice president of Avco Industrial Bank. We’re people you can turn to for investments. For investment services, data processing, ag lending and overlines . . . w e’re the people you can turn to. We’re more than western Iowa’s largest bank, We’re people. Stephen J. Hatz Sr. Correspondent Bank Officer 712/277-6526 SECURITY N A TIO N A L B A N K IN SIOUX CITY, IOWA. _____________________ M E M BER F .D .I.C . © 1980 Security National Bank SERVING PROFESSIONALLY Banking,Financial & Business Personnel Iowa and Nationwide CAPITAL PERSONNEL SERVICE 714 Central National Bldg. 515-283-2545 Des Moines, Iowa 50309 W ANT ADS Rates 50 cents per word per insertion. Ad $2 for file numbers. Identity of file number advertisers cannot be revealed. Payment in advance, please. NORTHWESTERN BANKER 306-15th St., Des Moines, Iowa 50309 FOR SALE 8’x14’ portable drive-up window with Diebold electric window, electric heat, carpet, and air conditioner. Picture upon request. $3,500.00. Call (712) 472-2581. ______________________ (FS) MODULAR BANK UNIT: 12’x7’ equipped with drive-up window. Used as bank’s drive-up facility. Available immediately. Contact Northwestern State Bank of BANK PERSONNEL IS OUR ONLY BUSINESS Positions Available 30K #482 Commercial Real Estate 32K #484 Commercial Loan Manager 28K #486 Commercial Loan # 2 22K #475 Commercial Loan Trainee 25K #485 Commercial Loan # 2 24K #483 Commercial Loan 18K + #479 Insurance Agent 18K + #481 Insurance Manager 20K #487 Installment 18K #477 Program Analyst 26K #478 Data Processing Manager 22K #476 Branch Manager TOM HAGAN & ASSOCIATES OF MINNESOTA 4901 W. 77th St. Edina, Minnesota 55435 David Dahl 612-835-4121 Megan Maloney All positions employer paid POSITION A VA ILA B LE #2 SPOT in bank in the largest city in South Dakota. Need individual with strong credit credentials in all fields to handle all supervision of all lending functions. Write file LBW, c /o Northwestern Banker. ______________________ __________________ (PA) AG LOAN OFFICER- east central Iowa bank of $35 million. County seat town. Prime Iowa farm area. Minimum of 3 to 5 years experience required. Salary commensurate with experience. Excellent benefits. Bonus and retirement program. Write file LBX, c /o Northwestern Banker._______________ _______ (PA) LOAN OFFICER- Central Illinois bank seeking individual for lending responsibilities, primarily consumer loans. Operations experience helpful, but not necessary. Call Bart Solon, State Bank of Girard, Phone (217) 627-2112. (PA) CASHIER- 3-5 years experience in Unit Bank operations with understanding of all government reporting requirements a must for this position in a new Wyoming bank. Some consumer loan experience would be a plus for the qualified applicant. Salary commensurate with experience plus an excellent benefit package. Inquire in confidence to R.W. “ Dick” Anthony, P.O. Box 1070, Saratoga Wyoming 82331, Phone (307) 326-8321. An Equal Opportunity Employer._______________ _ _ ____________ (PA) INSURANCE AGENT with property and casualty licenses to manage bank agency in Northcentral Nebraska. Some loan experience helpful. Send resum etofile LBV, c /o Northwestern Banker. (PA) PARTIAL LIST OF AVAILABLE POSITIONS □ My majority bank stock is for sale. □ I want to purchase majority stock in a bank. Please contact Ellis Jones, Broker Semi-retired, professional banker Jones Realty 205 South Eaton St. Lakewood, Colorado 80226 Phone: (303) 232-1189 METHODS & PROCEDURES PROJECT LEAD ER Large $1.2 billion in Oklahoma has a new opening for a project leader to supervise 5 others in Methods and Procedures. Qualified candidates should know bank operations, have exposure to work and time studies, and possess excellent communication skills. COMPANY PAID FEE. Salary to $30,000 (PA) ROBERT HALF of Iowa, Inc. 317 - 6th Ave. Des Moines, IA 50309 Phone (515) 244-4414 LENDING— Rural Iowa bank seeking individual with heavy experience in Agricultural loans. Needs someone that does not need training. $26,000. ASST VP—5 years experience in commercial lending with large bank. Keen business judgment is the key. $28,000. LENDER—At least 2 years of experience in handling installment loans, student loans, mastercharge, direct & indirect loans. $17,000. TRUST OFFICER—Some experience in trust dept, or legal firm . W ill eventually take on full responsibility of the tru s t dept. E xcellent o p p o rtu n itie s fo r advancement. $20,000 VICE-PRES— Iowa bank seeking #2 person wjth heavy experience in operations and lending. Position open due to promotion. $35,000. LENDING— Rural bank seeks individual with 2 years of ag lending experience. ALL FEES COMPANY PAID. FOR FURTHER INFORMATION RESPONDIN CONFIDENCES): Bank Division ROBERT HALF POSITIONS AVAILABLE Commercial Loan Officer with three to five years experience for major Iowa bank . . . $23,000-$26,000 Operations Officer for $20 million bank in Colorado ski area ....................................... - .................... .. $25,000 Write or call Malcolm Freeland, Freeland Financial Service, Inc., 306 - 15th Street, Des Moines, la. 50309 Phone (515) 244-8163, Employer pays fee.__________ of Iow a. Inc 317 6th Ave. Des Moines, IA 50309 (515) 244-4414 ALL FEES COMPANY PAID Estate Appraisals Purchase of Collections POSITION W ANTED SECOND POSITION or operations. Three years CEO in $4 m illion bank. Ten years consumer loan experience. Write file LBZ, cl o Northwestern Banker.______ (PW) POSITIONS WANTED CEOs with ag lending backgrounds $30,000-$36,000 Second Man with strong ag lending exp. ISU Grad with property & casualty license seeks bank oosition in or near larger community. Write or call Malcolm Freeland, Freeland Financial Service, Inc. 306 - 15th Street, Des Moines, la 50309. Phone (515) 244-8163. Employer pays fee. Ag Banking S p ecialists^ When it comes to agriculture, banking and personnel. . . go to the specialists — go to AGRIcareers, Inc. Progressive bankers pay us to find the people they need. AG IINDING OFFICER.. .ME lo«*o . . . . . $15 *20,000 10AN OFFICER.. .Minnesoto. . . . . . . . SH-$20,000 .IA A II Reliable and respected service for over 20 years . . . $26,000 Operations officer with excellent experience desires jobinlowa/Nebraskaarea ........................... $26,000 TWO FARM MANAGERS Sale of Rare Coins . . . $16 *24,000 Used by bankers throughout the midwest Ben E. Marlenee Coins 913 Locust Des Moines, Iowa 50309 515-243-8064_______ _ POSITIONS AVAILABLE REAL ESTATE LENDING — Opportunity to develop a real estate dept, in a 30MM bank. Individual will participate in management functions and be able to acquire additional bank ing skills ......................................................................... $18,000 SENIOR OFFICER — Growing 40MM bank in rocky mountain area desires seasoned credit officer for number two position. Excellent benefits ......................................................... $28,000 COMMERCIAL LENDER — 250MM metro area bank seeks addition to staff. Prefer 3-5 years lending experience in similar size institution. Good opportunity for advancement $30,000 CORRESPONDENT OFFICER — Medium size Missouri bank offers excellent opportunity for a junior correspondent banker. Must be willing to travel 50% of time. Degree preferred $22,000 TWO AG LENDING OFFICERS.. .IA A I t . . $22 * 28,000 INSTALMENT LOAN — Head department for growing aggres sive 45MM bank. Must be civic minded and possess adminis trative experience .......................................................... $25,000 Ask our banking specialist, Undo Hint, what's available without cost or obligation. OPERATIONS OFFICER — 30MM bank close to resort area. Position will lead to second officer. Lending experience a plus .................. $28,000 I (5 1 5 )3 9 4 -3 1 4 5 NE W H A M PT O N , IA 50659 ISOn CAREERS, INC. J THE ORIGINAL AGRICULTURAL RECRUITER TRUST HEAD — Due to promotion metro area bank with growing trust dept, seeks a proven administrator with good marketing skills. Law degree preferred ......................$35,000 SENIOR OPERATIONS — Handle cashier/comptroller po si-, tion for 36MM bank. Acctg degree desired. Management opportunity ...................................................................... $26,000 VEHICLES REPOSSESSED To inquire about a position please submit resume and salary history. NORTH CAROLINA STATEWIDE SERVICE TOM HAGAN & ASSOCIATES Since 1922-Field Divisions OF KANSAS CITY “Wanted Vehicle-Missing Persons B ulletin” P.O. Box 12346 / 2024 Swift North Kansas City, Missouri 64116 HOME DETECTIVE COMPANY, INC. _________ P.O. Box 11431, Greensboro 27409 (919)299-1641__________ ____________ (816) 474 - 6874 Vo I. 9 No. 38 Northwestern Banker Newsletter [USPS 873-300] is published weekly by the Northwestern Banker Company 306 Fifteenth Street, Des Moines, Iowa 50309. Subscriptions 25 cents per copy, $8.00 per year. Second class postage paid at Des Moines, https://fraser.stlouisfed.org Iowa. Address all mail subscriptions, changes of address [Form 3579], manuscripts, mail items to above address. Federal Reserve Bank of St. Louis