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H.B. 13
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REPEAL OF MOTOR FUEL MARKETING ACT
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David L. Zolman
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Katherine M. Bryson
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AN ACT RELATING TO COMMERCE; REPEALING MOTOR FUEL MARKETING ACT;
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AND MAKING TECHNICAL CORRECTIONS.
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MAKING TECHNICAL CHANGES; PROVIDING AN
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EFFECTIVE DATE; AND PROVIDING A COORDINATION CLAUSE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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13-2-1, as last amended by Chapters 150 and 324, Laws of Utah 1998
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REPEALS:
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13-16-1, as repealed and reenacted by Chapter 189, Laws of Utah 1987
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13-16-2, as last amended by Chapter 260, Laws of Utah 1991
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13-16-3, as last amended by Chapter 189, Laws of Utah 1987
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13-16-4, as last amended by Chapter 300, Laws of Utah 1992
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13-16-5, as last amended by Chapter 189, Laws of Utah 1987
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13-16-6, as last amended by Chapter 279, Laws of Utah 1994
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13-16-7, as last amended by Chapter 260, Laws of Utah 1991
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13-16-8, as last amended by Chapter 189, Laws of Utah 1987
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13-16-9, as last amended by Chapter 189, Laws of Utah 1987
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13-16-10, as last amended by Chapter 300, Laws of Utah 1992
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13-16-11, as enacted by Chapter 260, Laws of Utah 1991
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13-16-12, as enacted by Chapter 279, Laws of Utah 1994
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
13-2-1
is amended to read:
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13-2-1. Consumer protection division established -- Functions.
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There is established within the Department of Commerce the Division of Consumer
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Protection. The division shall administer and enforce the following:
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(1) Chapter 5, Unfair Practices Act;
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(2) Chapter 10a, Music Licensing Practices Act;
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(3) Chapter 11, Utah Consumer Sales Practices Act;
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(4) Chapter 15, Business Opportunity Disclosure Act;
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[(5) Chapter 16, Motor Fuel Marketing Act;]
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[(6)] (5) Chapter 20, New Motor [Vehicle] Vehicles Warranties Act;
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[(7)] (6) Chapter 21, Credit Services Organizations Act;
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[(8)] (7) Chapter 22, Charitable Solicitations Act;
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[(9)] (8) Chapter 23, Health Spa Services Protection Act;
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[(10)] (9) Chapter 25a, Telephone and Facsimile Solicitation Act;
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[(11)] (10) Chapter 26, Telephone Fraud Prevention Act; [and]
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[(12)] (11) Chapter 28, Prize Notices Regulation Act[.]; and
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[(13)] (12) Chapter 30, Utah Personal Introduction Services Protection Act.
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Section 2. Repealer.
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This act repeals:
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Section 13-16-1, Short title.
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Section 13-16-2, Definitions.
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Section 13-16-3, Refiners to disclose "transfer prices."
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Section 13-16-4, Unlawful sale by persons engaged in commerce.
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Section 13-16-5, Unlawful sale by refiner.
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Section 13-16-6, Sales not considered violations.
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Section 13-16-7, Civil actions authorized -- Expenses -- Jurisdiction and venue.
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Section 13-16-8, Burden of proof in civil action.
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Section 13-16-9, Right of purchaser to obtain price and cost information from
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marketer.
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Section 13-16-10, Recordkeeping -- Civil penalty.
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Section 13-16-11, Applicability.
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Section 13-16-12, Rulemaking authority.
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Section 3. Effective date.
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THIS ACT TAKES EFFECT ON JULY 1, 2003.
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Section. 4. Coordination clause.
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IF THIS BILL AND S.B. 46, MOTOR FUEL MARKETING AMENDMENTS, BOTH PASS, IT IS THE
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INTENT OF THE LEGISLATURE THAT ANY NEW SECTION IN TITLE 13, CHAPTER 16, MOTOR FUEL
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MARKETING ACT, ENACTED BY S.B. 46, INCLUDING SECTION 13-16-13, BE REPEALED ON JULY 1,
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2003.
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Legislative Review Note
as of 11-29-99 10:11 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.