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5 AN ACT RELATING TO JUDICIAL CODE; AMENDING AGENCIES EXEMPTED FROM
6 CERTAIN REQUIREMENTS RELATED TO EXAMINATION OF RECORDS; AND MAKING
7 TECHNICAL CHANGES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
10 78-27-50, as last amended by Chapter 184, Laws of Utah 1999
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 78-27-50 is amended to read:
13 78-27-50. Financial information privacy -- Inapplicable to certain official
15 (1) Sections 78-27-45 through 78-27-47 do not apply when an examination of records is
16 a part of an official investigation by:
17 (a) [
18 (b) a sheriff;
19 (c) a peace officer;
20 (d) a city attorney;
21 (e) a county attorney;
22 (f) a district attorney;
23 (g) the attorney general;
24 (h) the Department of Public Safety;
25 (i) the Office of Recovery Services of the Department of Human Services;
26 (j) the Insurance Department;
27 (k) the Department of Commerce; [
28 (l) the state auditor[
29 (m) the State Tax Commission.
30 (2) Except for the Office of Recovery Services, if a governmental entity listed in
31 Subsection (1) seeks a record, the entity shall obtain the record as follows:
32 (a) if the record is a nonprotected record, by request in writing that:
33 (i) certifies that an official investigation is being conducted; and
34 (ii) is signed by a representative of the governmental entity that is conducting the official
35 investigation; or
36 (b) if the record is a protected record, by obtaining:
37 (i) a subpoena authorized by statute; or
38 (ii) other legal process:
39 (A) ordered by a court of competent jurisdiction; and
40 (B) served upon the financial institution.
41 (3) If the Office of Recovery Services seeks a record, it shall obtain the record pursuant
43 (a) Subsection 62A-11-104 (8);
44 (b) Section 62A-11-304.1 ;
45 (c) Section 62A-11-304.5 ; or
46 (d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
47 (4) A financial institution may not give notice to any person named or referenced within
48 the record disclosed pursuant to Subsection (2)(a).
49 (5) In accordance with Section 78-27-48 , the agency conducting the official investigation
50 that obtains a record from a financial institution under this section shall reimburse the financial
51 institution for costs reasonably and directly incurred by the financial institution.
Legislative Review Note
as of 1-5-00 9:54 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.