§ 7-1-1006 — Inapplicable to certain official investigations.

(1) Sections 7-1-1002 and 7-1-1003 do not apply if an examination of a record is a part of an official investigation by:

(1)(a) local police;
(1)(b) a sheriff;
(1)(c) a peace officer;
(1)(d) a city attorney;
(1)(e) a county attorney;
(1)(f) a district attorney;
(1)(g) the attorney general;
(1)(h) the Department of Public Safety;
(1)(i) the Office of Recovery Services of the Department of Health and Human Services;
(1)(j) the Insurance Department;
(1)(k) the Department of Commerce;
(1)(l) the Benefit Payment Control Unit or the Payment Error Prevention Unit of the Department of Workforce Services;
(1)(m) the state auditor;
(1)(n) the State Tax Commission; or
(1)(o) the Department of Health and Human Services or its designee, when undertaking an official investigation to determine whether an individual qualifies for certain assistance programs as provided in Section 26B-3-106.
(2) Except for the Office of Recovery Services, if a governmental entity listed in Subsection (1) seeks a record, the entity shall obtain the record as follows:

(2)(a) if the record is a nonprotected record, by request in writing that:
(2)(a)(i) certifies that an official investigation is being conducted; and
(2)(a)(ii) is signed by a representative of the governmental entity that is conducting the official investigation; or
(2)(b) if the record is a protected record, by obtaining:
(2)(b)(i) a subpoena authorized by statute;
(2)(b)(ii) other legal process:

(2)(b)(ii)(A) ordered by a court of competent jurisdiction; and
(2)(b)(ii)(B) served upon the financial institution; or
(2)(b)(iii) written permission from all account holders of the account referenced in the record to be examined.
(3) If the Office of Recovery Services seeks a record, the Office of Recovery Services shall obtain the record pursuant to:

(3)(a) Subsection 26B-9-104(1)(g);
(3)(b) Section 26B-9-205;
(3)(c) Section 26B-9-208; or
(3)(d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
(4) A financial institution may not give notice to an account holder or person named or referenced within the record disclosed pursuant to Subsection (2)(a).
(5) In accordance with Section 7-1-1004, the governmental entity conducting the official investigation that obtains a record from a financial institution under this section shall reimburse the financial institution for costs reasonably and directly incurred by the financial institution.

Legislative History

Amended by Chapter 327, 2023 General Session