S.B. 223 Enrolled

ENVIRONMENTAL LAW AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: John P. Holmgren
AN ACT RELATING TO HEALTH AND ENVIRONMENT; AMENDING PRIVILEGE AND
WAIVER PROVISIONS REGARDING INFORMATION IN AN ENVIRONMENTAL
SELF-AUDIT REPORT.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
19-7-104, as enacted by Chapter 304, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 19-7-104 is amended to read:
19-7-104. Unlawful disclosure -- Environmental audit report.
(1) Information that is divulged, disseminated, or otherwise disclosed in violation of Utah
Rules of Evidence, Rule 508, may not be admitted as evidence in an administrative or judicial
proceeding.
(2) If any person, including a department employee or a presiding hearing officer, divulges
or disseminates any part of the information contained in an environmental audit report [in violation
of] and that report is privileged under Utah Rules of Evidence, Rule 508, [that person is liable for
all damages proximately caused by the disclosure or dissemination of the privileged information]
the privilege is not waived except as provided under Utah Rules of Evidence, Rule 508(d)(1). [A
claim made under this section against a government employee is subject to Title 63, Chapter 30,
Utah Governmental Immunity Act.]
[(3) Except for information obtained or disseminated by a department employee, an
attorney representing the department, a peace officer, criminal investigator, prosecuting attorney,
court officer or their agents or staff in pursuance of their duties, a person other than the person
claiming the privilege who willfully divulges or disseminates any part of the information contained
in a privileged environmental audit report is:]
[(a) guilty of a class B misdemeanor;]

[(b) subject to a civil penalty not to exceed $10,000; and]
[(c) subject to penalties for contempt of court in a judicial proceeding.]
[(4)] (3) An environmental audit report obtained pursuant to an in camera review is a
protected record for purposes of Title 63, Chapter 2, Government Records Access and Management
Act, and a department employee or attorney representing the department may not disclose the report
except in accordance with the provisions of Title 63, Chapter 2, Government Records Access and
Management Act.

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