Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Nonprotected record: means a record maintained by a financial institution to facilitate the conduct of the financial institution's business regarding a person or account, including:
(i)
the existence of an account;
(ii)
the opening and closing dates of an account;
(iii)
the name under which an account is held; and
(iv)
the name, address, and telephone number of an account holder. See Utah Code 7-1-1001
Subpoena: A command to a witness to appear and give testimony.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(a)
“Account holder” means a person for whom an account is held by a financial institution.
(b)
“Governmental entity” means:
(i)
the state, including:
(A)
a department;
(B)
an institution;
(C)
a board;
(D)
a division;
(E)
a bureau;
(F)
an office;
(G)
a commission;
(H)
a committee; or
(I)
an elected official; and
(ii)
a political subdivision of the state, including:
(A)
a county;
(B)
a city;
(C)
a town;
(D)
a school district;
(E)
a public transit district;
(F)
a redevelopment agency;
(G)
a special improvement district; or
(H)
a taxing district.
(c)
“Nonprotected record” means a record maintained by a financial institution to facilitate the conduct of the financial institution’s business regarding a person or account, including:
(i)
the existence of an account;
(ii)
the opening and closing dates of an account;
(iii)
the name under which an account is held; and
(iv)
the name, address, and telephone number of an account holder.
(d)
“Protected record” means a record that is not defined as a nonprotected record.
(e)
“Record” means information that is:
(i)
prepared, owned, received, or retained by a financial institution;
(ii)
(A)
inscribed on a tangible medium; or
(B)
stored in an electronic or other medium; and
(iii)
retrievable in perceivable form.
(2)
Except for a governmental entity listed in Subsection 7-1-1006(1), an individual acting on behalf of a governmental entity may not request, obtain by subpoena, or otherwise obtain information from a state or federally chartered financial institution that constitutes a record reflecting the financial condition of any person without first obtaining:
(a)
written permission from all account holders of the account referenced in the record to be examined; or
(b)
an order from a court of competent jurisdiction permitting access to the record.
(3)
This section does not apply to a review made by the commissioner to determine whether a financial institution is operating in accordance with law.
