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S.B. 41
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PRIVACY OF FINANCIAL INFORMATION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Karen Hale
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AN ACT RELATING TO JUDICIAL CODE; AMENDING AGENCIES EXEMPTED FROM
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CERTAIN REQUIREMENTS RELATED TO EXAMINATION OF RECORDS; AND MAKING
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TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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78-27-50, as last amended by Chapter 184, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
78-27-50
is amended to read:
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78-27-50. Financial information privacy -- Inapplicable to certain official
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investigations.
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(1) Sections
78-27-45
through
78-27-47
do not apply when an examination of records is
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a part of an official investigation by:
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(a) [a] local police;
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(b) a sheriff;
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(c) a peace officer;
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(d) a city attorney;
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(e) a county attorney;
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(f) a district attorney;
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(g) the attorney general;
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(h) the Department of Public Safety;
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(i) the Office of Recovery Services of the Department of Human Services;
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(j) the Insurance Department;
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(k) the Department of Commerce; [or]
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(l) the state auditor[.]; or
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(m) the State Tax Commission.
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(2) Except for the Office of Recovery Services, if a governmental entity listed in
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Subsection (1) seeks a record, the entity shall obtain the record as follows:
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(a) if the record is a nonprotected record, by request in writing that:
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(i) certifies that an official investigation is being conducted; and
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(ii) is signed by a representative of the governmental entity that is conducting the official
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investigation; or
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(b) if the record is a protected record, by obtaining:
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(i) a subpoena authorized by statute; or
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(ii) other legal process:
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(A) ordered by a court of competent jurisdiction; and
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(B) served upon the financial institution.
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(3) If the Office of Recovery Services seeks a record, it shall obtain the record pursuant
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to:
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(a) Subsection
62A-11-104
(8);
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(b) Section
62A-11-304.1
;
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(c) Section
62A-11-304.5
; or
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(d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
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(4) A financial institution may not give notice to any person named or referenced within
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the record disclosed pursuant to Subsection (2)(a).
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(5) In accordance with Section
78-27-48
, the agency conducting the official investigation
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that obtains a record from a financial institution under this section shall reimburse the financial
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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.