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Fourth Substitute S.B. 166
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5 This act modifies the Mobile Home Park Residency Act, the Motor Vehicle Act, and the
6 Government Records Access and Management Act. The act provides specific criteria by
7 which the Motor Vehicle Division may disclose the name and address of the lienholder or
8 mobile home owner of an abandoned mobile home to the owner of a mobile home park. The
9 act modifies provisions related to changes in service charges to residents of mobile home
10 parks. The act modifies provisions related to eviction proceedings. The act amends
11 provisions related to lienholder and owner of a mobile home's rights and liabilities after
12 receipt of a notice of abandonment or issuance of a writ or restitution. The act defines
13 abandonment of a mobile home space or mobile home, and designates park procedure in the
14 event of abandonment. The act amends the procedure after an eviction judgment has been
15 entered by a court. The act allows mobile home park residents to form associations and
16 outlines the requirements of those associations. The act also makes technical revisions. This
17 act provides an effective date.
18 This act affects sections of Utah Code Annotated 1953 as follows:
19 AMENDS:
20 41-1a-116, as last amended by Chapters 86 and 255, Laws of Utah 2000
21 57-16-4, as last amended by Chapter 1, Laws of Utah 1997, First Special Session
22 57-16-5, as last amended by Chapter 1, Laws of Utah 1997, First Special Session
23 57-16-6, as last amended by Chapter 1, Laws of Utah 1997, First Special Session
24 57-16-9 (Effective 07/01/01), as last amended by Chapter 252, Laws of Utah 2000
25 57-16-15.1, as last amended by Chapters 92 and 225, Laws of Utah 1994
26 63-2-202, as last amended by Chapter 312, Laws of Utah 1994
27 ENACTS:
28 57-16-13, Utah Code Annotated 1953
29 57-16-14, Utah Code Annotated 1953
30 57-16-16, Utah Code Annotated 1953
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 41-1a-116 is amended to read:
33 41-1a-116. Records -- Telephone requests for records.
34 (1) (a) All motor vehicle title and registration records of the division are protected unless
35 the division determines based upon a written request by the subject of the record that the record
36 is public.
37 (b) In addition to the provisions of this section, access to all division records shall be in
38 accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123.
39 (2) (a) Access to public records is determined by Section 63-2-201 .
40 (b) A record designated as public under Subsection (1)(a) may be used for advertising or
41 solicitation purposes.
42 (3) Access to protected records, except as provided in Subsection (4), is determined by
43 Section 63-2-202 .
44 (4) In addition to those persons granted access to protected records under Section
45 63-2-202 , the division may disclose a protected record to a licensed private investigator with a
46 legitimate business need, a person with a bona fide security interest, the owner of a mobile home
47 park subject to Subsection (5), or for purposes of safety, product recall, advisory notices, or
48 statistical reports only upon receipt of a signed acknowledgment that the person receiving that
49 protected record may not:
50 (a) disclose information from that record to any other person; or
51 (b) use information from that record for advertising or solicitation purposes.
52 (5) The division may disclose the name or address, or both, of the lienholder or mobile
53 home owner of record, or both of them, to the owner of a mobile home park, if all of the following
54 conditions are met:
55 (a) a mobile home located within the mobile home park owner's park has been abandoned
56 under Section 57-16-13 or the resident is in default under the resident's lease;
57 (b) the mobile home park owner has conducted a reasonable search, but is unable to
58 determine the name or address, or both, of the lienholder or mobile home owner of record; and
59 (c) the mobile home park owner has submitted a written statement to the division
60 explaining the mobile home park owner's efforts to determine the name or address, or both, of the
61 lienholder or mobile home owner of record before the mobile home park owner contacted the
62 division.
63 [
64 under Subsection (4) only in summary form.
65 [
66 motor vehicle title or registration information from the division regarding any person, entity, or
67 motor vehicle by submitting a written application on a form provided by the division.
68 [
69 by rule allow the information requests to be made by telephone and fees as required under
70 Subsection [
71 shall require that the:
72 (a) division determine if the nature of the business and the volume of requests merit the
73 dissemination of the information by telephone;
74 (b) division determine if the credit rating of the requesting party justifies providing a
75 billing account; and
76 (c) the requestor submit to the division an application that includes names and signatures
77 of persons authorized to request information by telephone and charge the fees to the billing
78 account.
79 [
80 63-38-3.2 for the research of each record requested.
81 (b) Fees may not be charged for furnishing information to persons necessary for their
82 compliance with this chapter.
83 (c) Law enforcement agencies have access to division records free of charge.
84 Section 2. Section 57-16-4 is amended to read:
85 57-16-4. Termination of lease or rental agreement -- Required contents of lease --
86 Increases in rents or fees -- Sale of homes.
87 (1) A mobile home park or its agents may not terminate a lease or rental agreement upon
88 any ground other than as specified in this chapter.
89 (2) Each agreement for the lease of mobile home space shall be written and signed by the
90 parties. Each lease shall contain at least the following information:
91 (a) the name and address of the mobile home park owner and any persons authorized to
92 act for the owner, upon whom notice and service of process may be served;
93 (b) the type of the leasehold, and whether it be term or periodic;
94 (c) a full disclosure of all rent, service charges, and other fees presently being charged on
95 a periodic basis;
96 (d) the date or dates on which the payment of rent, fees, and service charges are due; and
97 (e) all rules that pertain to the mobile home park which, if broken, may constitute grounds
98 for eviction.
99 (3) (a) Increases in rent or fees for periodic tenancies shall be unenforceable until 60 days
100 after notice of the increase is mailed to the resident. If service charges are not included in the rent,
101 service charges may be increased during the leasehold period after notice to the resident is given,
102 and increases or decreases in electricity rates shall be passed through to the resident. [
103
104 Annual income to the park for service charges may not exceed the actual cost to the park of
105 providing h [
105a park may
106 include h [
107 and
108 (b) The mobile home park may not alter the date or dates on which rent, fees, and service
109 charges are due unless a 60-day written notice precedes the alteration.
110 (4) Any rule or condition of a lease purporting to prevent or unreasonably limit the sale
111 of a mobile home belonging to a resident is void and unenforceable. The mobile home park may,
112 however, reserve the right to approve the prospective purchaser of a mobile home who intends to
113 become a resident, but the approval may not be unreasonably withheld. The mobile home park
114 may require proof of ownership as a condition of approval. The mobile home park may
115 unconditionally refuse to approve any purchaser of a mobile home who does not register prior to
116 purchase.
117 (5) If all of the conditions of Section 41-1a-116 are met, a mobile home park may request
118 from the Motor Vehicle Division the names and addresses of the lienholder or owner of any mobile
119 home located in the park.
120 [
121 sell his mobile home. However, the park may limit the size of a "for sale" sign affixed to the
122 mobile home to not more than 144 square inches.
123 [
124 home, either directly or indirectly, to sell it through an agent designated by the mobile home park.
125 [
126 home be removed from the park upon sale if:
127 (a) the mobile home does not meet minimum size specifications; or
128 (b) the mobile home is in rundown condition or in disrepair.
129 Section 3. Section 57-16-5 is amended to read:
130 57-16-5. Cause required for terminating lease -- Causes -- Cure periods -- Notice.
131 (1) An agreement for the lease of mobile home space in a mobile home park may be
132 terminated by mutual agreement or for any one or more of the following causes:
133 (a) failure of a resident to comply with a mobile home park rule:
134 (i) relating to repair, maintenance, or construction of awnings, skirting, decks, or sheds
135 for a period of 60 days after receipt of a notice of noncompliance from the mobile home park; or
136 (ii) relating to any other park rule for a period of seven days after receipt of notice of
137 noncompliance from the mobile home park, except relating to maintenance of a resident's yard and
138 space, the mobile home park may elect not to proceed with the seven-day cure period and may
139 provide the resident with written notice as provided in Subsection (2);
140 (b) repeated failure of a resident to abide by a mobile home park rule, if the original notice
141 of noncompliance states that another violation of the same or a different rule might result in
142 forfeiture without any further period of cure;
143 (c) behavior by a resident [
144 is an invited guest or visitor of a resident, that threatens or substantially endangers the security
145 [
146 or damages property in the park;
147 (d) nonpayment of rent, fees, or service charges; or
148 (e) a change in the land use or condemnation of the mobile home park or any part of it.
149 (2) If the mobile home park elects not to proceed with the seven-day cure period in
150 Subsection (1)(a)(ii), a 15-day notice shall:
151 (a) state that if the resident does not perform [
152 the lease agreement or rules of the mobile home park within 15 days, the mobile home park may
153 enter onto the resident's space and cure any default;
154 (b) state the expected reasonable cost of curing the default;
155 (c) require the resident to pay all costs incurred by the mobile home park to cure the
156 default by the first day of the month following receipt of a billing statement from the mobile home
157 park;
158 (d) state that the payment required under Subsection (2)(b) shall be considered additional
159 rent; and
160 (e) state that the resident's failure to make the payment required by Subsection (2)(b) in
161 a timely manner shall be a default of the resident's lease and shall subject the resident to all other
162 remedies available to the mobile home park for a default, including remedies available for failure
163 to pay rent.
164 Section 4. Section 57-16-6 is amended to read:
165 57-16-6. Action for lease termination -- Prerequisite procedure.
166 A legal action to terminate a lease based upon a cause set forth in [
167 57-16-5 (1) or (2), may not be commenced except in accordance with the following procedure:
168 (1) Before issuance of any summons and complaint, the mobile home park shall send or
169 serve written notice to the resident or [
170 (a) by delivering a copy of the notice personally;
171 (b) by sending a copy of the notice through registered or certified mail addressed to the
172 resident or [
173 (c) if the resident or [
174 by leaving a copy of the notice with some person of suitable age and discretion at [
175 individual's residence and sending a copy through [
176 the resident or [
177 (d) if a person of suitable age or discretion cannot be found, by affixing a copy of the
178 notice in a conspicuous place on the resident's or [
179 sending a copy through [
180 person at [
181 (2) The notice shall set forth the cause for the notice and, if the cause is one which can be
182 cured, the time within which the resident or person has to cure. The notice shall also set forth the
183 time after which the mobile home park may commence legal action against the resident or person
184 if cure is not effected, as follows:
185 (a) In the event of failure to abide by a mobile home park rule, the notice shall provide for
186 a cure period as provided in Subsections 57-16-5 (1)(a) and (2), except in the case of repeated
187 violations and, shall state that if a cure is not timely effected, or a written agreement made between
188 the mobile home park and the resident allowing for a variation in the rule or cure period, eviction
189 proceedings may be initiated immediately.
190 (b) If the resident or a member, visitor, or invited guest of the resident's household
191 commits repeated violations of a rule, a summons and complaint may be issued three days after
192 a notice is served.
193 (c) If a resident or a member, visitor, or invited guest of the resident's household behaves
194 in a manner that threatens or substantially endangers the well-being, security, safety, or health of
195 other persons in the park or threatens or damages property [
196 proceedings may commence immediately.
197 (d) If a resident does not pay rent, fees, or service charges, the notice shall provide a
198 five-day cure period and, that if cure is not timely effected, or a written agreement made between
199 the mobile home park and the resident allowing for a variation in the rule or cure period, eviction
200 proceedings may be initiated immediately.
201 (e) If there is a planned change in land use or condemnation of the park, the notice shall
202 provide that the resident has 90 days after receipt of the notice to vacate the mobile home park if
203 no governmental approval or permits incident to the planned change are required, and if
204 governmental approval and permits are required, that the resident has 90 days to vacate the mobile
205 home park after all permits or approvals incident to the planned change are obtained.
206 (3) If the planned change in land use or condemnation requires the approval of a
207 governmental agency, the mobile home park, in addition to the notice required by Subsection
208 (2)(e), shall send written notice of the date set for the initial hearing to each resident at least seven
209 days before the date scheduled for the initial hearing.
210 (4) Regardless of whether the change of use requires the approval of any governmental
211 agency, if the resident was not a resident of the mobile home park at the time the initial change of
212 use notice was issued to residents the owner shall give notice of the change of use to the resident
213 before he occupies the mobile home space.
214 (5) (a) Eviction proceedings commenced under this chapter and based on causes set forth
215 in Subsections 57-16-5 (1)(a), (b), and (e) shall be brought in accordance with the Utah Rules of
216 Civil Procedure and shall not be treated as unlawful detainer actions under Title 78, Chapter 36,
217 Forcible Entry and Detainer. Eviction proceedings commenced under this chapter and based on
218 causes of action set forth in Subsections 57-16-5 (1)(c) and (d) may, at the election of the mobile
219 home park, be treated as actions brought under this chapter and the unlawful detainer provisions
220 of Title 78, Chapter 36, Forcible Entry and Detainer.
221 (b) If unlawful detainer is charged, the court shall endorse on the summons the number of
222 days within which the defendant is required to appear and defend the action, which shall not be
223 less than five days or more than 20 days from the date of service.
224 Section 5. Section 57-16-9 (Effective 07/01/01) is amended to read:
225 57-16-9 (Effective 07/01/01). Lienholder's liability for rent and fees.
226 (1) Notwithstanding [
227 of record, of a mobile home, or if there is no lienholder, the owner of a mobile home, is primarily
228 liable to the mobile home park owner or operator for rent and service charges if a mobile home is
229 not removed within ten days after receipt of written notice that a mobile home has been abandoned,
230 as defined in Section 57-16-13 , or that a writ of restitution has been issued. The lienholder[
231 owner of a mobile home, however, is only liable for rent that accrues [
232 the day the lienholder or owner of a mobile home receives notice. Rent shall be paid on a monthly
233 basis on the due date established in the lease agreement. The lienholder or owner of a mobile
234 home is not responsible for any rent if the mobile home is removed within ten days after receipt
235 of the notice.
236 (2) If the lienholder pays rent and service charges as provided by this section, the
237 lienholder shall have the unconditional right to resell the mobile home within the park, subject to
238 the purchaser being approved for residency by the park, which approval cannot be unreasonably
239 withheld, and subject to Subsection (4). If the lienholder or owner of a mobile home does not
240 commence paying rent and service charges to the mobile home park within 30 days after receipt
241 of a written notice provided by Subsection (1), the mobile home park may require the lienholder
242 or owner of a mobile home to remove the mobile home from the park and the lienholder or owner
243 of a mobile home shall be liable for all rent which accrues from the date of the notice to the date
244 the mobile home is removed from the park.
245 (3) The notice required under Subsection (1) shall be sent to the lienholder or owner of a
246 mobile home by certified mail, return receipt requested, and shall inform the lienholder or owner
247 of a mobile home that the mobile home park may require the lienholder or owner of a mobile home
248 to remove the mobile home from the park if the lienholder or owner of a mobile home has not
249 commenced paying rent and service charges to the park within 30 days after receipt of the notice.
250 (4) The mobile home park may require the lienholder to remove a mobile home covered
251 by this section from the park if the mobile home, at the time of sale, is in rundown condition or
252 disrepair, if the mobile home does not meet the park's minimum size specifications, or if the
253 mobile home does not comply with reasonable park rules. The lienholder shall have 60 days to
254 make repairs and comply with park rules after notice of required repairs and rule violations is given
255 to the lienholder by the park owner or its agent.
256 (5) If a lienholder or owner of a mobile home does not commence paying h [
256a and service
257 charges to the park within 30 days after receipt of a written notice provided under Subsection (1),
258 and if the lienholder or owner of a mobile home does not remove the mobile home from the park
259 within the 30-day period, the park has the right to immediately remove the mobile home from the
260 park and store it on behalf of the lienholder or owner of a mobile home. The mobile home park
261 has the right to recover moving and storage costs from the lienholder or owner of a mobile home.
262 (6) The prevailing party is entitled to court costs and reasonable attorney fees for any
263 action commenced to enforce any rights under this section.
264 (7) If a lienholder pays rent and service charges as provided in Subsection (2), the mobile
265 home is not considered abandoned under Section 57-16-13 ; however, the personal property in the
266 mobile home is considered abandoned.
267 Section 6. Section 57-16-13 is enacted to read:
268 57-16-13. Abandonment.
269 Abandonment of a mobile home space and a mobile home within a mobile home park is
270 presumed in either of the following situations:
271 (1) The resident or occupant of the mobile home has:
272 (a) not notified the park that the resident or occupant will be absent from the mobile home
273 space or mobile home, and the resident or occupant fails to pay rent within 45 days after the due
274 date; and
275 (b) there is no reasonable evidence, other than the presence of the resident's or occupant's
276 personal property, that the resident or occupant is continuing to occupy the mobile home space and
277 the mobile home.
278 (2) The resident or occupant of the mobile home has:
279 (a) not notified the park that the resident or occupant will be absent from the mobile home
280 space where the mobile home is located, and the resident or occupant fails to pay rent when due;
281 and
282 (b) the resident's or occupant's personal property has been removed from the mobile home,
283 and there is no reasonable evidence that the resident or occupant is occupying the mobile home
284 space or mobile home.
285 Section 7. Section 57-16-14 is enacted to read:
286 57-16-14. Abandoned premises -- Retaking by owner -- Liability of resident or
287 occupant -- Personal property of resident or occupant left on mobile home space.
288 (1) In the event of abandonment under Section 57-16-13 , the park may retake the mobile
289 home space and attempt to relet the space at a fair rental value. The resident or occupant who
290 abandoned the premises is liable:
291 (a) for the entire rent, service charges, and fees that would otherwise be due until the
292 premise is relet or for a period not to exceed 90 days, whichever comes first; and
293 (b) any costs incurred by the park necessary to relet the mobile home space at fair market
294 value, including the costs of:
295 (i) moving the mobile home from the mobile home space;
296 (ii) storing the mobile home; and
297 (iii) restoring the mobile home space to a reasonable condition, including the cost of
298 replacing or repairing landscaping that was damaged by the resident or occupant.
299 (2) (a) If the resident or occupant has abandoned the mobile home space, the mobile home,
300 or both, and has left personal property, including the mobile home, on the mobile home space, the
301 park is entitled to remove the property from the mobile home space, store it for the resident or
302 occupant, and recover actual moving and storage costs from the resident, the occupant, or both.
303 With respect to the mobile home, however, the park may elect to contact the lienholder under
304 Section 57-16-9 , or to store the mobile home on the mobile home space, while attempting to notify
305 the resident or occupant under Subsection (2)(b)(i).
306 (b) (i) The park shall make reasonable efforts to notify the resident or occupant of the
307 location of the personal property, and that the personal property will be sold at the expiration of
308 30 days if not redeemed and removed by the resident or occupant. Reasonable efforts require that
309 the park send written notice by regular mail to the resident or occupant at the last-known address
310 within the park if the park is unaware of any subsequent address. To redeem the personal property,
311 the resident or occupant is required to pay the reasonable storage and moving charges.
312 (ii) If the personal property has been in storage for over 30 days, notice has been given as
313 required by Subsection (2)(b)(i), and the resident or occupant has made no reasonable effort to
314 recover the personal property, the park may:
315 (A) sell the personal property and apply the proceeds toward any amount the resident or
316 occupant owes; or
317 (B) donate the personal property to charity or dispose of the property.
318 (c) Any excess money from the sale of the personal property, including the mobile home,
319 shall be handled as specified in Title 67, Chapter 4a, Part 2, Standards for Determining
319a h [
320 Property is Abandoned or Unclaimed.
321 (d) Nothing contained in this chapter shall be in derogation of or alter the owner's rights
322 under Title 38, Chapter 3, Lessors' Liens.
323 Section 8. Section 57-16-15.1 is amended to read:
324 57-16-15.1. Eviction proceeding.
325 (1) Eviction proceedings commenced under this chapter and based on causes of action set
326 forth in Subsections 57-16-5 (1)[
327 commenced under this chapter based on causes of action set forth in Subsections 57-16-5 [
328
329 under the unlawful detainer provisions of Title 78, Chapter 36, Forcible Entry and Detainer, shall
330 comply with the following:
331 (a) A judgment may be entered upon the merits or upon default. A judgment entered in
332 favor of the plaintiff may:
333 (i) include an order of restitution of the premises; and
334 (ii) declare the forfeiture of the lease or agreement.
335 (b) The jury, or the court if the proceedings are tried without a jury or upon the defendant's
336 default, shall assess the damages resulting to the plaintiff from any of the following:
337 (i) waste of the premises during the resident's tenancy, if waste is alleged in the complaint
338 and proved; and
339 (ii) the amount of rent due.
340 (c) If the lease or agreement provides for reasonable attorneys' fees, the court shall order
341 reasonable attorneys' fees to the prevailing party.
342 (d) Whether or not the lease or agreement provides for court costs and attorneys' fees, if
343 the proceeding is contested, the court shall order court costs and attorneys' fees to the prevailing
344 party.
345 (e) Except as provided in Subsection (1)(f), after judgment has been entered under this
346 section, judgment and restitution may be enforced no sooner than 15 days from the date the
347 judgment is entered. The person who commences the action shall mail through registered or
348 certified mail a copy of the judgment to the [
349
350 Rules of Civil Procedure.
351 (f) If a resident tenders to the mobile home park postjudgment rent, in the form of cash,
352 cashier's check, or certified funds, then restitution may be delayed for the period of time covered
353 by the postjudgment rent, which time period shall not exceed 15 days from the date of the
354 judgment unless a longer period is agreed to in writing by the mobile home park.
355 (2) Eviction proceedings commenced under this chapter and based on causes of action set
356 forth in Subsections 57-16-5 [
357 to treat as actions also brought under the unlawful detainer provisions of Title 78, Chapter 36,
358 Forcible Entry and Detainer, shall be governed by Sections 78-36-10 and 78-36-10.5 with respect
359 to judgment for restitution, damages, rent, enforcement of the judgment and restitution.
360 (3) The provisions in Section 78-36-10.5 shall apply to this section except the enforcement
361 time limits in Subsections (1)(e) and (f) shall govern.
362 Section 9. Section 57-16-16 is enacted to read:
363 57-16-16. Mobile home park residents' associations.
364 (1) Residents in mobile home parks shall have the right to form associations comprised
365 of residents of the mobile home park in which they reside.
366 (2) The membership of the resident association may elect officers of the association at a
367 meeting where a majority of the members are present.
368 (3) Except in emergency situations, there shall be seven days' notice of an association
369 meeting to all residents of the park. All residents of the park, even if not members of the
370 association, may attend association meetings. The park operator and non-resident employees shall
371 not h :
371a (i) h be members of the association h [
371b (ii) h attend meetings unless invited by the association h ; h [
371c (iii) UNLAWFULLY INTERFERE WITH THE OPERATION OF THE ASSOCIATION h h ; OR
371d (iv) INTERFERE WITH A RESIDENT'S RIGHT TO CONTACT A STATE OR LOCAL HEALTH
371e DEPARTMENT, A MUNICIPALITY, OR OTHER GROUP TO COMPLAIN ABOUT THE HEALTH AND
371f SAFETY CONDITIONS OF THE MOBILE HOME PARK h .
372 (4) A resident association may not impose fees, dues, or assessments, upon its members
373 unless a majority of the members agree to the assessment of fees, dues, or assessments.
374 (5) The park operator shall permit meetings by any resident association located within the
375 park relating to manufactured home living or social or education purposes, including forums for
376 or speeches by public officials or candidates for public office.
377 (6) Resident associations may schedule with the park operator the use of the common
378 facilities of the park, if any, free of charge. However, the resident association shall be responsible
379 for any damage to the common facilities caused by a member of the resident association while a
380 common facility is in use by the resident association.
381 Section 10. Section 63-2-202 is amended to read:
382 63-2-202. Access to private, controlled, and protected documents.
383 (1) Upon request, a governmental entity shall disclose a private record to:
384 (a) the subject of the record;
385 (b) the parent or legal guardian of an unemancipated minor who is the subject of the
386 record;
387 (c) the legal guardian of a legally incapacitated individual who is the subject of the record;
388 (d) any other individual who:
389 (i) has a power of attorney from the subject of the record;
390 (ii) submits a notarized release from the subject of the record or his legal representative
391 dated no more than 90 days before the date the request is made; or
392 (iii) if the record is a medical record described in Subsection 63-2-302 (1)(b), is a health
393 care provider, as defined in [
394 information in the record is consistent with normal professional practice and medical ethics; or
395 (e) any person to whom the record must be provided pursuant to court order as provided
396 in Subsection (7) or a legislative subpoena as provided in Title 36, Chapter 14.
397 (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
398 (i) a physician, psychologist, certified social worker, insurance provider or agent, or a
399 government public health agency upon submission of a release from the subject of the record that
400 is dated no more than 90 days prior to the date the request is made and a signed acknowledgment
401 of the terms of disclosure of controlled information as provided by Subsection (2)(b); and
402 (ii) any person to whom the record must be disclosed pursuant to court order as provided
403 in Subsection (7) or a legislative subpoena as provided in Title 36, Chapter 14.
404 (b) A person who receives a record from a governmental entity in accordance with
405 Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
406 including the subject of the record.
407 (3) If there is more than one subject of a private or controlled record, the portion of the
408 record that pertains to another subject shall be segregated from the portion that the requester is
409 entitled to inspect.
410 (4) Upon request, a governmental entity shall disclose a protected record to:
411 (a) the person who submitted the record;
412 (b) any other individual who:
413 (i) has a power of attorney from all persons, governmental entities, or political
414 subdivisions whose interests were sought to be protected by the protected classification; or
415 (ii) submits a notarized release from all persons, governmental entities, or political
416 subdivisions whose interests were sought to be protected by the protected classification or from
417 their legal representatives dated no more than 90 days prior to the date the request is made; [
418 (c) any person to whom the record must be provided pursuant to a court order as provided
419 in Subsection (7) or a legislative subpoena as provided in Title 36, Chapter 14[
420 (d) the owner of a mobile home park, subject to the conditions of Subsection 41-1a-116 (5).
421 (5) A governmental entity may disclose a private, controlled, or protected record to another
422 governmental entity, political subdivision, another state, the United States, or a foreign government
423 only as provided by Section 63-2-206 .
424 (6) Before releasing a private, controlled, or protected record, the governmental entity shall
425 obtain evidence of the requester's identity.
426 (7) A governmental entity shall disclose a record pursuant to the terms of a court order
427 signed by a judge from a court of competent jurisdiction, provided that:
428 (a) the record deals with a matter in controversy over which the court has jurisdiction;
429 (b) the court has considered the merits of the request for access to the record; and
430 (c) the court has considered and, where appropriate, limited the requester's use and further
431 disclosure of the record in order to protect privacy interests in the case of private or controlled
432 records, business confidentiality interests in the case of records protected under Subsections
433 63-2-304 (1) and (2), and privacy interests or the public interest in the case of other protected
434 records;
435 (d) to the extent the record is properly classified private, controlled, or protected, the
436 interests favoring access, considering limitations thereon, outweigh the interests favoring
437 restriction of access; and
438 (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
439 63-2-201 (3)(b), the court has authority independent of this chapter to order disclosure.
440 (8) (a) A governmental entity may disclose or authorize disclosure of private or controlled
441 records for research purposes if the governmental entity:
442 (i) determines that the research purpose cannot reasonably be accomplished without use
443 or disclosure of the information to the researcher in individually identifiable form;
444 (ii) determines that the proposed research is bona fide, and that the value of the research
445 outweighs the infringement upon personal privacy;
446 (iii) requires the researcher to assure the integrity, confidentiality, and security of the
447 records and requires the removal or destruction of the individual identifiers associated with the
448 records as soon as the purpose of the research project has been accomplished;
449 (iv) prohibits the researcher from disclosing the record in individually identifiable form,
450 except as provided in Subsection (8)(b), or from using the record for purposes other than the
451 research approved by the governmental entity; and
452 (v) secures from the researcher a written statement of his understanding of and agreement
453 to the conditions of this subsection and his understanding that violation of the terms of this
454 subsection may subject him to criminal prosecution under Section 63-2-801 .
455 (b) A researcher may disclose a record in individually identifiable form if the record is
456 disclosed for the purpose of auditing or evaluating the research program and no subsequent use or
457 disclosure of the record in individually identifiable form will be made by the auditor or evaluator
458 except as provided by this section.
459 (c) A governmental entity may require indemnification as a condition of permitting
460 research under this Subsection (8).
461 (9) (a) Under Subsections 63-2-201 (5)(b) and 63-2-401 (6) a governmental entity may
462 disclose records that are private under Section 63-2-302 , or protected under Section 63-2-304 to
463 persons other than those specified in this section.
464 (b) Under Subsection 63-2-403 (11)(b) the Records Committee may require the disclosure
465 of records that are private under Section 63-2-302 , controlled under Section 63-2-303 , or protected
466 under Section 63-2-304 to persons other than those specified in this section.
467 (c) Under Subsection 63-2-404 (8) the court may require the disclosure of records that are
468 private under Section 63-2-302 , controlled under Section 63-2-303 , or protected under Section
469 63-2-304 to persons other than those specified in this section.
470 Section 11. Effective date.
471 This act takes effect on April 30, 2001, except that Section 57-16-9 takes effect on July 1,
472 2001.
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