41-4273. Reporting requirements; confidentiality

A. Before January 1, 2010, and every five years thereafter, the director shall provide a report to the governor, the president of the senate, the speaker of the house of representatives and the operator of a fuel facility listing the director's recommendations to the legislature, the operators of a fuel facility or any appropriate state or federal regulating entity or agency of any additional security measures that are recommended to be implemented, if the director determines the measures are recommended considering among other factors the unique characteristics of each fuel facility.

B. Before receiving the report required by subsection A, each recipient of the report shall develop confidentiality protocols, in consultation with the director for the maintenance and use of the report to ensure the confidentiality of the report and all information contained in the report.  The confidential protocols are binding on the recipient that issues the protocols and anyone to whom the recipient shows a copy of the report.  The report and any information contained or used in its preparation are exempt from and shall not be made available pursuant to title 39, chapter 1, article 2.  The director shall also develop protocols for the department related to the maintenance and use of the report to ensure the confidentiality of the report and all information contained in the report.  On each report, the director shall prominently display the following statement: "This report may contain information that if disclosed could endanger the life or safety of the public.  This report is to be maintained and used in a manner consistent with protocols established to preserve the confidentiality of the information contained in this report in a manner consistent with law."