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        February 19, 1999



Mr. President:

    The Judiciary Committee reports a favorable recommendation on S.B. 148, PRIVACY OF FINANCIAL RECORDS, by Senator K. Hale, with the following amendments:
1.    Page 1, Line 15:    After line 15 insert:
        " 78-27-49, as enacted by Chapter 143, Laws of Utah 1977"

2.    Page 8, Line 244:    After line 244 insert:
        "Section 6. Section 78-27-49 is amended to read:
         78-27-49. Financial information privacy -- Admissibility of information restricted.
         [ No information ] (1) Information obtained directly or indirectly from a financial institution in violation of [ the provisions of this act shall ] Sections 78-27-45 through 78-27-47 may not be admissible in any court of this state against the person entitled to notice.
         (2) This section does not apply in any action :
         (a) between the financial institution and the person otherwise entitled to notice ; or [ in any action ]
         (b) in which it is claimed that the financial institution has been the victim of fraud, embezzlement or any other criminal act committed by the person otherwise entitled to notice."

         Renumber remaining sections accordingly.

3.    Page 9, Line 248:    After "through" delete "78-27-50" and insert "78-27-47"

4.    Page 10, Line 285:    After "obtains a" delete "protected"

        Respectfully,



        Terry Spencer
        Committee Chair



Voting: 4-0-2
3 Sb0148.sc2 bbrinton/JDH PO/MCP 8:37 AM

Bill Number
Action Class
Action Code

*SB0148*
*S*
*SCRAMD*

SB0148
S
SCRAMD