Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 99 (2017GS)

Sponsor

Sen. Hemmert, D.

Final action

Governor Signed 3/23/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that the attorney general may, in an action to enforce the Protection of Personal Information Act or the Consumer Credit Protection Act, enter into a confidentiality agreement under certain circumstances;
• provides for the content of a confidentiality agreement entered into by the attorney general pursuant to the Protection of Personal Information Act or the Consumer Credit Protection Act;
• provides that, in an action to enforce the Protection of Personal Information Act or the Consumer Credit Protection Act, a court may issue a confidentiality order; and
• provides for the handling of confidential information obtained by the attorney general related to an enforcement action under the Protection of Personal Information Act or the Consumer Credit Protection Act.

Every vote on this bill

Bill text

CONSUMER PROTECTION ACTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel Hemmert
House Sponsor: 
Mike K. McKell
LONG TITLE
General Description:
This bill amends provisions related to consumer protection actions.
Highlighted Provisions:
This bill:
▸ provides that the attorney general may, in an action to enforce the Protection of
Personal Information Act or the Consumer Credit Protection Act, enter into a
confidentiality agreement under certain circumstances;
▸ provides for the content of a confidentiality agreement entered into by the attorney
general pursuant to the Protection of Personal Information Act or the Consumer
Credit Protection Act;
▸ provides that, in an action to enforce the Protection of Personal Information Act or
the Consumer Credit Protection Act, a court may issue a confidentiality order; and
▸ provides for the handling of confidential information obtained by the attorney
general related to an enforcement action under the Protection of Personal
Information Act or the Consumer Credit Protection Act.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-44-301
, as last amended by Laws of Utah 2013, Chapter 187
13-45-401
, as last amended by Laws of Utah 2015, Chapter 191
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-44-301
 is amended to read:
13-44-301.
Enforcement -- Confidentiality agreement -- Penalties.
(1) The attorney general may enforce this chapter's provisions.
(2) (a) Nothing in this chapter creates a private right of action.
(b) Nothing in this chapter affects any private right of action existing under other law,
including contract or tort.
(3) A person who violates this chapter's provisions is subject to a civil [
fine
] 
penalty
 of:
(a) no greater than $2,500 for a violation or series of violations concerning a specific
consumer; and
(b) no greater than $100,000 in the aggregate for related violations concerning more
than one consumer.
(4) 
(a)
 In addition to the penalties provided in Subsection (3), the attorney general may
seek
, in an action brought under this chapter:
(i)
 injunctive relief to prevent future violations of this chapter [
in:
]
; and
(ii) attorney fees and costs.
(b) The attorney general shall bring an action under this chapter in:
[
(a)
] 
(i)
 the district court located in Salt Lake City; or
[
(b)
] 
(ii)
 the district court for the district in which resides a consumer who is affected by
the violation.
(5) The attorney general shall deposit any amount received under Subsection (3), (4), or
(10) into the Attorney General Litigation Fund created in Section 
76-10-3114
.
[
(5)
] 
(6)
 In enforcing this chapter, the attorney general may:
(a) investigate the actions of any person alleged to violate Section 
13-44-201
 or
13-44-202
;
(b) subpoena a witness;
(c) subpoena a document or other evidence;
(d) require the production of books, papers, contracts, records, or other information
relevant to an investigation; [
and
]
(e) conduct an adjudication in accordance with Title 63G, Chapter 4, Administrative
Procedures Act, to enforce a civil provision under this chapter[
.
]
; and
(f) enter into a confidentiality agreement in accordance with Subsection (7).
(7) (a) If the attorney general has reasonable cause to believe that an individual is in
possession, custody, or control of information that is relevant to enforcing this chapter, the
attorney general may enter into a confidentiality agreement with the individual.
(b) In a civil action brought under this chapter, a court may issue a confidentiality order
that incorporates the confidentiality agreement described in Subsection (7)(a).
(c) A confidentiality agreement entered into under Subsection (7)(a) or a confidentiality
order issued under Subsection (7)(b) may:
(i) address a procedure;
(ii) address testimony taken, a document produced, or material produced under this
section;
(iii) provide whom may access testimony taken, a document produced, or material
produced under this section;
(iv) provide for safeguarding testimony taken, a document produced, or material
produced under this section; or
(v) require that the attorney general:
(A) return a document or material to an individual; or
(B) notwithstanding Section 
63A-12-105
 or a retention schedule created in accordance
with Section 
63G-2-604
, destroy the document or material at a designated time.
[
(6)
] 
(8)
 A subpoena issued under Subsection [
(5)
] 
(6)
 may be served by certified mail.
[
(7)
] 
(9)
 A person's failure to respond to a request or subpoena from the attorney
general under Subsection [
(5)
] 
(6)
(b), (c), or (d) is a violation of this chapter.
[
(8)
] 
(10)
 (a) The attorney general may inspect and copy all records related to the
business conducted by the person alleged to have violated this chapter, including records
located outside the state.
(b) For records located outside of the state, the person who is found to have violated
this chapter shall pay the attorney general's expenses to inspect the records, including travel
costs.
(c) Upon notification from the attorney general of the attorney general's intent to
inspect records located outside of the state, the person who is found to have violated this
chapter shall pay the attorney general $500, or a higher amount if $500 is estimated to be
insufficient, to cover the attorney general's expenses to inspect the records.
[
(d) The attorney general shall deposit any amounts received under this Subsection (8)
in the Attorney General Litigation Fund established in Section 
76-10-3114
.
]
[
(e)
] 
(d)
 To the extent an amount paid to the attorney general by a person who is found
to have violated this chapter is not expended by the attorney general, the amount shall be
refunded to the person who is found to have violated this chapter.
[
(f)
] 
(e)
 The Division of Corporations and Commercial Code or any other relevant
entity shall revoke any authorization to do business in this state of a person who fails to pay any
amount required under this Subsection [
(8)
] 
(10)
.
(11) (a) Subject to Subsection (11)(c), the attorney general shall keep confidential a
procedure agreed to, testimony taken, a document produced, or material produced under this
section pursuant to a subpoena, confidentiality agreement, or confidentiality order, unless the
individual who agreed to the procedure, provided testimony, produced the document, or
produced material waives confidentiality in writing.
(b) Subject to Subsections (11)(c) and (11)(d), the attorney general may use, in an
enforcement action taken under this section, testimony taken, a document produced, or material
produced under this section to the extent the use is not restricted or prohibited by a
confidentiality agreement or a confidentiality order.
(c) The attorney general may use, in an enforcement action taken under this section,
testimony taken, a document produced, or material produced under this section that is restricted
or prohibited from use by a confidentiality agreement or a confidentiality order if the individual
who provided testimony or produced the document or material waives the restriction or
prohibition in writing.
(d) The attorney general may disclose testimony taken, a document produced, or
material produced under this section, without consent of the individual who provided the
testimony or produced the document or material, or the consent of an individual being
investigated, to:
(i) a grand jury; or
(ii) a federal or state law enforcement officer, if the person from whom the information 
was obtained is notified 20 days or greater before the day on which the information is disclosed,
and the federal or state law enforcement officer certifies that the federal or state law
enforcement officer will:
(A) maintain the confidentiality of the testimony, document, or material; and
(B) use the testimony, document, or material solely for an official law enforcement
purpose.
Section 2. Section 
13-45-401
 is amended to read:
13-45-401.
Enforcement -- Confidentiality agreement -- Penalties.
(1) The attorney general may enforce the provisions of this chapter.
(2) A person who violates a provision of [
Section 
13-45-201
, 
13-45-202
, 
13-45-203
,
13-45-204
, 
13-45-205
, or 
13-45-301
] 
this chapter
 is subject to a civil fine of:
(a) no greater than $2,500 for a violation or series of violations concerning a specific
consumer; and
(b) no greater than $100,000 in the aggregate for related violations concerning more
than one consumer.
(3) 
(a)
 In addition to the penalties provided in Subsection (2), the attorney general may
seek
, in an action brought under this chapter:
(i)
 injunctive relief to prevent future violations of this chapter [
in:
]
; and
(ii) attorney fees and costs.
(b) The attorney general shall bring an action under this chapter in:
[
(a)
] 
(i)
 the district court located in Salt Lake City; or
[
(b)
] 
(ii)
 the district court for the district in which resides a consumer who is the subject
of a credit report on which a violation occurs.
(4) The attorney general shall deposit any amount received under Subsection (2) or (3)
into the Attorney General Litigation Fund created in Section 
76-10-3114
.
(5) (a) If the attorney general has reasonable cause to believe that an individual is in
possession, custody, or control of information that is relevant to enforcing this chapter, the
attorney general may enter into a confidentiality agreement with the individual.
(b) In a civil action brought under this chapter, a court may issue a confidentiality order
that incorporates the confidentiality agreement described in Subsection (5)(a).
(c) A confidentiality agreement entered into under Subsection (5)(a) or a confidentiality
order issued under Subsection (5)(b) may:
(i) address a procedure;
(ii) address testimony taken, a document produced, or material produced under this
section;
(iii) provide whom may access testimony taken, a document produced, or material
produced under this section;
(iv) provide for safeguarding testimony taken, a document produced, or material
produced under this section; or
(v) require that the attorney general:
(A) return a document or material to an individual; or
(B) notwithstanding Section 
63A-12-105
 or a retention schedule created in accordance
with Section 
63G-2-604
, destroy the document or material at a designated time.
(6) (a) Subject to Subsection (6)(c), the attorney general shall keep confidential a
procedure agreed to, testimony taken, a document produced, or material produced under this
section pursuant to a subpoena, confidentiality agreement, or confidentiality order, unless the
individual who agreed to the procedure, provided testimony, or produced the document or
material waives confidentiality in writing.
(b) Subject to Subsections (6)(c) and (6)(d), the attorney general may use, in an
enforcement action taken under this section, testimony taken, a document produced, or material
produced under this section to the extent the use is not restricted or prohibited by a
confidentiality agreement or a confidentiality order.
(c) The attorney general may use, in an enforcement action taken under this section,
testimony taken, a document produced, or material produced under this section that is restricted
or prohibited from use by a confidentiality agreement or a confidentiality order if the individual
who provided testimony, produced the document, or produced the material waives the
restriction or prohibition in writing.
(d) The attorney general may disclose testimony taken, a document produced, or
material produced under this section, without consent of the individual who provided the
testimony, produced the document, or produced the material, or without the consent of an
individual being investigated, to:
(i) a grand jury; or
(ii) a federal or state law enforcement officer, if the person from whom the information
was obtained is notified 20 days or greater before the day on which the information is disclosed,
and the federal or state law enforcement officer certifies that the federal or state law
enforcement officer will:
(A) maintain the confidentiality of the testimony, document, or material; and
(B) use the testimony, document, or material solely for an official law enforcement
purpose.