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S.B. 223

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ENVIRONMENTAL LAW AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: John P. Holmgren

5    AN ACT RELATING TO HEALTH AND ENVIRONMENT; AMENDING PRIVILEGE AND
6    WAIVER PROVISIONS REGARDING INFORMATION IN AN ENVIRONMENTAL
7    SELF-AUDIT REPORT.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         19-7-104, as enacted by Chapter 304, Laws of Utah 1995
11    Be it enacted by the Legislature of the state of Utah:
12        Section 1. Section 19-7-104 is amended to read:
13         19-7-104. Unlawful disclosure.
14        (1) Information that is divulged, disseminated, or otherwise disclosed in violation of Utah
15    Rules of Evidence, Rule 508, may not be admitted as evidence in an administrative or judicial
16    proceeding.
17        (2) If any person, including a department employee or a presiding hearing officer, divulges
18    or disseminates any part of the information contained in an environmental audit report [in violation
19    of] and that report is privileged under Utah Rules of Evidence, Rule 508, [that person is liable for
20    all damages proximately caused by the disclosure or dissemination of the privileged information]
21    the privilege is not waived except as provided under Utah Rules of Evidence, Rule 508(d)(1). [A
22    claim made under this section against a government employee is subject to Title 63, Chapter 30,
23    Utah Governmental Immunity Act.]
24        [(3) Except for information obtained or disseminated by a department employee, an
25    attorney representing the department, a peace officer, criminal investigator, prosecuting attorney,
26    court officer or their agents or staff in pursuance of their duties, a person other than the person
27    claiming the privilege who willfully divulges or disseminates any part of the information contained


1    in a privileged environmental audit report is:]
2        [(a) guilty of a class B misdemeanor;]
3        [(b) subject to a civil penalty not to exceed $10,000; and]
4        [(c) subject to penalties for contempt of court in a judicial proceeding.]
5        [(4)] (3) An environmental audit report obtained pursuant to an in camera review is a
6    protected record for purposes of Title 63, Chapter 2, Government Records Access and
7    Management Act, and a department employee or attorney representing the department may not
8    disclose the report except in accordance with the provisions of Title 63, Chapter 2, Government
9    Records Access and Management Act.




Legislative Review Note
    as of 2-17-97 3:52 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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