Utah Code 61-1-103. Procedure for disclosure

(1)

To be a reporter for purposes of this part, the individual shall:

Commission: means the Securities Commission created in Section 61-1-18. See Utah Code 61-1-13
Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
Employee: means an individual who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 61-1-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Original information: means information that is:

(a)	derived from the independent knowledge or analysis of an individual;

(b)	not known to the division or commission from a source other than the individual; and

(c)

unless the individual is the source of the information, not exclusively derived from:

(i)	an allegation made in a judicial or administrative hearing;

(ii)	a government report, hearing, audit, or investigation; or

(iii)	the media. See Utah Code 61-1-102 Reporter: means an individual who provides original information relating to a violation in accordance with Section 61-1-103. See Utah Code 61-1-102 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Writing: includes :Utah Code 68-3-12.5
(a)	provide original information to the division or commission;

(b)	reasonably believe that the act that is disclosed by the original information is a violation of this chapter; and

(c)

provide the original information to the division or commission:

(i)	in writing; and

(ii)	in accordance with the procedures established by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(2)

(a)	Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, and except as provided in Subsection (2)(b), the division, commission, or an employee of the division may not disclose information that could reasonably be expected to reveal the identity of a reporter.

(b)	This Subsection (2) is not intended to limit, and may not be construed to limit, the ability of the attorney general or division to present evidence to a grand jury or to share evidence with potential witnesses or defendants in the course of an ongoing criminal investigation.

Enacted by Chapter 318, 2011 General Session