1. (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;
   2. (b) a sheriff;
   3. (c) a peace officer;
   4. (d) a city attorney;
   5. (e) a county attorney;
   6. (f) a district attorney;
   7. (g) the attorney general;
   8. (h) the Department of Public Safety;
   9. (i) the Office of Recovery Services of the Department of Health and Human Services;
   10. (j) the Insurance Department;
   11. (k) the Department of Commerce;
   12. (l) the Benefit Payment Control Unit or the Payment Error Prevention Unit of the Department of Workforce Services;
   13. (m) the state auditor;
   14. (n) the State Tax Commission; or
   15. (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. (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:

   1. (a) if the record is a nonprotected record, by request in writing that:

      1. (i) certifies that an official investigation is being conducted; and
      2. (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:

      1. (i) a subpoena authorized by statute;

      2. (ii) other legal process:

         1. (A) ordered by a court of competent jurisdiction; and
         2. (B) served upon the financial institution; or
      3. (iii) written permission from all account holders of the account referenced in the record to be examined.

3. (3) If the Office of Recovery Services seeks a record, the Office of Recovery Services shall obtain the record pursuant to:

   1. (a) Subsection 26B-9-104(1)(h);
   2. (b) Section 26B-9-205;
   3. (c) Section 26B-9-208; or
   4. (d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
4. (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. (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.

Amended by Chapter 83, 2026 General Session