9-1125.   Same; unreasonable discrimination in providing servicesprohibited; exceptions.No bank service corporation shallunreasonably discriminate in the provision of any services authorized underthis act to any depository institution that does not own stock in theservice corporation on the basis of the fact that the nonstockholdinginstitution is in competition with an institution that owns stock in thebank service corporation, except:

      (a)   It shall not be considered unreasonable discrimination for a bankservice corporation to provide services to a nonstockholding institutiononly at a price that fully reflects all of the costs of offering thoseservices, including the cost of capital and a reasonable return thereon; and

      (b)   a bank service corporation may refuse to provide services to anonstockholding institution if comparable services are available fromanother source at competitive overall costs or if the providing of serviceswould be beyond the practical capacity of theservice corporation. In any action or proceeding to enforce the duty imposed bythis section, or for damages for the breach thereof, the burden shall beupon the bank service corporation to show such availability or practical capacity.

      History:   L. 1963, ch. 64, § 3; L. 1984, ch. 48, § 12; July 1.