OCR Text |
Show The Utah Enterprise Review , January 12 . 1977 Page 5h Legislation Offers Liability Protection Bill Will Curb Bad Check Rate Continued from page lb funds," the signer knew the money was not in the account, and is therefore guilty. "This measure shifts the burden of proof from the State to the individual," It preexplains Carling. sumes the signer is guilty, and the individual has to prove his or her innocence. The proposed measure increases liability of banks, since bankers extending account credit to long-tim- e discriminholders would be ating against those to whom they mail overdrawn notices immediately. Bank clerks who make an occasional error, stamping "insufficient funds" er- roneously, could become And liable for counter-suitbanks who stamp returned s. checks with anonymous return to terms like maker," with no explanation for the reason for the return, would not be participating equally with those who do state the reason for return. jCriminal prosecution means a greater penalty jail instead of money," he explains. The one bill allowing criminal presumption of guilt is not necessary, Hyde declares. "Its disadvantages outweight its benefits," he says. Seante Bill 41, sponsored by Carling, would end what Carling describes as ambiguous" clauses in present law. "Now it is not clear County prosecutor Bill Hyde is worried this bill may be unconstitutional, since it could be interpreted as denying due process. "In criminal courts we have clear requirements for due pro- cess," Hyde states, "and this bill is shifting the burden of proof to the defendant to prove innocence." He thinks bankers may block the proposed legislation altogether, since it seems to increase their And, if the legislation were to be passed over their objection, they could refuse to stamp reasons for return on checks, making both the civil and criminal laws impotent. But Carling does not seem worried about the controversial measure, explaining the guilt presumption is liability. "rebuttable, making it easy for an individual to prove innocence. All the accused person would have to do is prove a check had been in the mail to the bank when the check was written, Carling claims. Although the presumption of guilt measure is also included in Senate Bill 74, Hyde is not worried about that bill either. Being accused in civil court is not as serious as a criminal prosecution," Hyde says. exist which protect manufacturers from liabilities of their product, regardless of the time factor or the relationship of the original product to the present pro- tions A good example, duct. according to one representative of the Utah association is the automobile. After ten years and six owners, the consumer can object to construction or design, regard issuing a bad check is guilty, or whether the person signing the check is," Carling says. Senate Bill 41 makes it clear the person signing a corporate check is the one responsible for knowing how or is not much money is in the account, thus the one guilty when a check is returned marked "insufficient state level but also on a national scale, as well. For further information contact Robert E. Halladay at the Utah Manufactueres Association, 363-388- 5. He knows where to take his lady to dine Dining like in San Francisco . funds." banks, Lois Yokum, security of- ficer for Grand Central, also has praise for the proposed Right now, all legislation. laws protect the sumer," she states. . New York . . . Paris. Drive to the door and leave the parking to us! account holders and merchants. The study may investigate the possibility of running credit checks on people wanting to open a checking account, Carling explained. A security officer for Smith Food King explained the problem. "Anybody can walk into a bank and offer any lousy piece of ID and open a checking account. Then they can come into our store and write a check for $50.00, he says. Carlings intention is to end Utahs reputation for a high rate of bad check writing. And he seems to have the support of law enforcement officers and retail merchants. "I'm strongly in favor of (Carlings) legislation, says Gene Kliegl, director of security for Smiths Management Corporation. He adds he thinks the bill proposing the alternative of criminal prosecution for writing bad checks is worth a try. "Presumption of guilt would make prosecution easier," he explains, "and it will speed up the process of prosecution." . Romantic live music enhances your unforgettable evening. Nightly except Sunday. Before the 42nd session ends, Carling expects to propose a resolution funding a study of the relationship la fleurie ly 338 South State Telephone 359 5753 TODAYS TIP: INTEREST RATE ON SBA LOANS NOW REDUCED T09H for more information contact your banker or call SHELDON HANSEN con- "We need protection for the specialist in SBA loan applications 328-885- Bank Construction Underway First Security Bank of Utah has begun construction on a building to replace an existing branch located at 1705 W. and 1700 S. The new 3000 sq. ft. structure will cost approximately less of the care or alterations to the vehicle. The Utah Manufacturers Association oversees all legislation that would impact or directly affect manufacturers at a local and whether the corporation among Constitutional Question Product liability regulations will be a primary concern to Utah manufacturers in this session of the legislature. According to the Utah Manufacturers Association, a bill has been prefiled which would establish statutes of limitations for both the time period a consumer can hold a manufacturer responsible and allowable changes in structure. At this time no regula The original $150,000. building has already been demolished and the bank is operating from a mobil unit until their anticipated early spring completion. 6 |