S.B. 41 Enrolled

PRIVACY OF FINANCIAL INFORMATION
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Karen Hale
AN ACT RELATING TO JUDICIAL CODE; AMENDING AGENCIES EXEMPTED FROM
CERTAIN REQUIREMENTS RELATED TO EXAMINATION OF RECORDS; AND MAKING
TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-27-50, as last amended by Chapter 184, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-27-50 is amended to read:
78-27-50. Financial information privacy -- Inapplicable to certain official
investigations.
(1) Sections 78-27-45 through 78-27-47 do not apply when an examination of records is
a part of an official investigation by:
(a) [a] local police;
(b) a sheriff;
(c) a peace officer;
(d) a city attorney;
(e) a county attorney;
(f) a district attorney;
(g) the attorney general;
(h) the Department of Public Safety;
(i) the Office of Recovery Services of the Department of Human Services;
(j) the Insurance Department;
(k) the Department of Commerce; [or]
(l) the state auditor[.]; or
(m) the State Tax Commission.

(2) Except for the Office of Recovery Services, if a governmental entity listed in Subsection
(1) seeks a record, the entity shall obtain the record as follows:
(a) if the record is a nonprotected record, by request in writing that:
(i) certifies that an official investigation is being conducted; and
(ii) is signed by a representative of the governmental entity that is conducting the official
investigation; or
(b) if the record is a protected record, by obtaining:
(i) a subpoena authorized by statute; or
(ii) other legal process:
(A) ordered by a court of competent jurisdiction; and
(B) served upon the financial institution.
(3) If the Office of Recovery Services seeks a record, it shall obtain the record pursuant to:
(a) Subsection 62A-11-104 (8);
(b) Section 62A-11-304.1 ;
(c) Section 62A-11-304.5 ; or
(d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
(4) A financial institution may not give notice to any person named or referenced within the
record disclosed pursuant to Subsection (2)(a).
(5) In accordance with Section 78-27-48 , the agency conducting the official investigation that
obtains a record from a financial institution under this section shall reimburse the financial institution
for costs reasonably and directly incurred by the financial institution.

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