FORTY-THIRD LEGISLATURE
                        SECOND SESSION, 1998             SB 309/a
  
  
                                                February 13, 1998
  
  
  Mr. President:
  
      Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
  whom has been referred
  
                          SENATE BILL 309
  
  has had it under consideration and reports same with
  recommendation that it DO PASS, amended as follows:
  
      1.  On page 1, line 13, strike "AUTHORIZING A CIVIL FINE" and
  insert in lieu thereof "INCREASING CIVIL LIABILITY".
  
      2.  On page 2, line 18, strike "fifteen" and insert in lieu
  thereof "thirty".
  
      3.  On page 2, lines 23 through 25 and on page 3, lines 1 and
  2, strike the underscored language.
  
      4.  On page 3, line 16, before the semicolon insert "or
  damages of not less than one hundred dollars ($100) and not more
  than one thousand dollars ($1,000)".
  
      5. On page 3, line 18, strike "and".
  
      6.  On page 3, line 21, strike the period and insert in lieu
  thereof "; and" and between lines 21 and 22, insert the following
  new paragraph:
  
               "(4)  for obtaining a consumer report under false
  pretenses or knowingly without a permissible purpose, any actual
  damages sustained by the consumer as a result of the failure, or
  one thousand dollars ($1,000), whichever is greater.".
  
  
  
  
      7.  On page 3, between lines 21 and 22, insert the following
  new subsections:
  
          "B.  Any user of information who obtains a consumer report
  from a credit bureau under false pretenses or knowingly without a
  permissible purpose shall be liable to the credit bureau for
  actual damages sustained by the credit bureau or one thousand
  dollars ($1,000), whichever is greater.
  
          C.  Upon a finding by the court that an unsuccessful
  action was filed in bad faith or for purposes of harassment, the
  court shall award to the prevailing party attorney fees reasonable
  in relation to the work expended.".
  
      8.  Reletter the succeeding subsection accordingly.
  
      9.  On page 3, line 22 and 23, remove the brackets and line-
  through and strike the underscored language.
  
      10.  On page 4, line 3, remove the brackets and line-through.
  
      11.  On page 4, line 6, strike "; and" and insert in lieu
  thereof a period and strike lines 7 through 10.
  
      12.  On page 4, between lines 10 and 11, insert the following
  new subsection:
      
          "E.  Upon a finding by the court that an unsuccessful
  action was filed in bad faith or for purposes of harassment, the
  court shall award to the prevailing party attorney fees reasonable
  in relation to the work expended."",
  
  
  
  
  
  
  and thence referred to the JUDICIARY COMMITTEE. 
               
                               Respectfully submitted,
  
  
  
                               __________________________________
                               Roman M. Maes, III, Chairman 
  
  
  
  Adopted_______________________   Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was <u> 6 </u> For <u> 0 </u> Against
          Yes:    6
          No:     0
  Excused: Kidd, Robinson, Wilson, Maloof
          Absent: None
  
S0309CT1                                              .123209.2