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        February 1, 1999

Mr. President:

    The Business, Labor, and Economic Development Committee reports a favorable recommendation on S.B. 113, FINANCIAL SERVICES AMENDMENTS, by Senator P. Knudson, with the following amendments:
1.    Page 1, Line 9:    Delete "AND" and after "CORRECTIONS" insert "; AND PROVIDING A COORDINATION CLAUSE"

2.    Page 9, Line 262:    "Section. 6. Coordination Clause.
        If this bill and H.B. 86, Check Abuse Amendments, both pass, it is the intent of the Legislature that:
        (1) the amendments to Subsections 7-15-1(2) and (3) in H.B. 86 supersede the amendments to Subsection 7-15-1(2) in this bill;
        (2) a new Subsection (9) be added to Section 7-15-1 that reads:
        "(9)(a) Notwithstanding the other provisions of this section, a holder of a check is exempt from this section if:
        (i) the holder:
        (A) is a depository institution; or
        (B) a person that receives a payment on behalf of a depository institution;
        (ii) the check is a payment on a loan that originated at the depository institution that:
        (A) is the holder; or
        (B) on behalf of which the holder received the payment; and
        (ii) the loan contract states a specific service charge for dishonor.
        (b) A holder exempt under Subsection (9)(a) may contract with an issuer for the collection of fees or charges for the dishonor of a check.
"; and
        (3) Subsection 7-15-2(3) in this bill shall be amended to read:
        "(3) Notwithstanding the other provisions of this section, a holder exempt under Subsection 7-15-1(9) is exempt from this section.""


        Parley G. Hellewell
        Committee Chair

Voting: 3-1-2
3 SB0113.SC1 nwoodhea/MCP PO/MCP 10:55 AM

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