2005 Idaho Code - 26-404 — DUTY OF BANK SERVICE CORPORATION NOT TO DISCRIMINATE -- BURDEN OF PROOF

                                  TITLE  26
                              BANKS AND BANKING
                                  CHAPTER 4
                          BANK SERVICE CORPORATIONS
    26-404.  DUTY OF BANK SERVICE CORPORATION NOT TO DISCRIMINATE -- BURDEN OF
PROOF. Whenever a bank, referred to in this section as an "applying bank,"
subject to examination by either the department of finance of the state of
Idaho, or a federal bank supervisory agency, applies for a type of bank
service for itself from a bank service corporation which supplies the same
type of bank services to another bank, and the applying bank is competitive
with any bank, referred to in this section as a "stockholding bank," which
holds stock in such corporation, the corporation must offer to supply such
services by either:
    (a)  issuing stock to the applying bank and furnishing bank services to it
    on the same basis as to the other banks holding stock in the corporation,
    or
    (b)  furnishing bank services to the applying bank at rates no higher than
    necessary to fairly reflect the cost of such services, including the
    reasonable cost of the capital provided to the corporation by its
    stockholders, at the corporation's option, unless comparable services at
    competitive overall cost are available to the applying bank from another
    source, or unless the furnishing of the services sought by the applying
    bank would be beyond the practical capacity of the corporation. In any
    action or proceeding to enforce the duty imposed by this section, or for
    damages for the breach thereof, the burden shall be upon the bank service
    corporation to show such availability.