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H.B. 317
1
ADMINISTRATIVE RULE CRIMINAL
2
PENALTY AMENDMENTS
3
2006 GENERAL SESSION
4
STATE OF UTAH
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Chief Sponsor: David Ure
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Senate Sponsor:
____________
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LONG TITLE
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General Description:
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This bill modifies certain statutes granting authority to assess criminal penalties.
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Highlighted Provisions:
12
This bill:
13
. repeals the authority in certain statutes to specify by administrative rule what
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conduct constitutes a misdemeanor or a felony in these areas:
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. Agriculture, Community and Culture, Alcoholic Beverage Control, Mines and
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Mining, Motor Vehicles, Public Funds and Accounts, Public Safety, Revenue
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and Taxation, State Lands, and the Utah Criminal Code.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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4-38-7, as last amended by Chapter 64, Laws of Utah 1993
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9-4-612, as last amended by Chapter 28, Laws of Utah 2000
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32A-12-104, as renumbered and amended by Chapter 23, Laws of Utah 1990
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40-6-12, as last amended by Chapter 241, Laws of Utah 1991
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40-8-9, as last amended by Chapter 194, Laws of Utah 2002
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41-3-210, as last amended by Chapter 249, Laws of Utah 2000
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41-3-701, as last amended by Chapters 165 and 221, Laws of Utah 1993
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41-3-702, as last amended by Chapter 334, Laws of Utah 2003
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41-6a-1115, as renumbered and amended by Chapter 2 and last amended by Chapter
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111, Laws of Utah 2005
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51-7-22.4, as last amended by Chapter 183, Laws of Utah 2005
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53-7-226, as renumbered and amended by Chapter 234, Laws of Utah 1993
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59-14-212, as last amended by Chapter 270, Laws of Utah 2001
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65A-3-1, as last amended by Chapter 267, Laws of Utah 1995
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76-10-1233 (Effective 05/01/06), as enacted by Chapter 281, Laws of Utah 2005
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ENACTS:
40
76-10-1234, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
4-38-7
is amended to read:
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4-38-7. Licenses -- Fees -- Duties of licensees.
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(1) The commission may grant licenses for participation in racing and other activities
46
associated with racetracks.
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(2) The commission shall establish a schedule of fees for the application for and
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renewal and reinstatement of all licenses issued under this chapter.
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(3) Each person holding a license under this chapter shall comply with this chapter and
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with all rules promulgated and all orders issued by the commission under this chapter.
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(4) Any person who holds a recognized race meet or who participates directly or
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indirectly in a recognized race meet without being first licensed by the commission as required
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under this chapter [or by the rules of the commission] and any person violating any of the
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provisions of this chapter is [guilty of a class A misdemeanor] liable for a civil or criminal
55
penalty under Section
4-2-15
.
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Section 2.
Section
9-4-612
is amended to read:
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9-4-612. Penalties for fraudulently obtaining or continuing to receive housing
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assistance benefits.
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(1) No person may knowingly, by misrepresentation, impersonation, or any other
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fraudulent means, make any false statement to housing authority personnel or, after being
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accepted as a recipient of housing authority benefits, fail to disclose to housing authority
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personnel any:
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(a) change in household composition;
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(b) employment change;
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(c) change in marital status;
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(d) receipt of any other monetary assistance;
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(e) receipt of in-kind gifts; or
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(f) any other material fact or change in circumstances which would affect the
69
determination of that person's eligibility to receive housing assistance benefits, or would affect
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the amount of benefits for which he is eligible.
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(2) No person may fail to disclose any of the information described in Subsection (1)
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for the purpose of obtaining or continuing to receive funds or other housing assistance benefits
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to which he is not entitled, or in an amount larger than that to which he is entitled.
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(3) No person who has duties relating to the administration of any housing authority
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program may fraudulently misappropriate any funds or other assistance with which he has been
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entrusted, or of which he has gained possession by virtue of his position.
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(4) No person may knowingly:
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(a) file or falsify any claim, report, or document required by state or federal law[, rule],
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or provider agreement, to obtain or attempt to obtain unauthorized housing assistance benefits
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under this chapter; or
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(b) attempt to commit, or aid or abet the commission of, any act prohibited by this
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section.
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(5) The punishment for violation of any provision of this section by a housing
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assistance recipient is determined by the cumulative value of the funds or other benefits he
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received from all the frauds he committed, and not by each separate instance of fraud.
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(6) The punishment for the offenses of this section are:
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(a) a felony of the second degree if the value of the funds or other benefits received,
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misappropriated, claimed, or applied for, is equal to or exceeds $5,000;
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(b) a felony of the third degree if the value of the funds or other benefits received,
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misappropriated, claimed, or applied for, is equal to or greater than $1,000 but less than
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$5,000;
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(c) a class A misdemeanor if the value of the funds or other benefits received,
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misappropriated, claimed, or applied for, is equal to or greater than $300 but less than $1,000;
94
or
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(d) a class B misdemeanor if the value of the funds or other benefits received,
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misappropriated, claimed, or applied for, is less than $300.
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Section 3.
Section
32A-12-104
is amended to read:
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32A-12-104. Violation of title a misdemeanor.
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Any person who violates this title [or the commission rules adopted under this title] is
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guilty of a class B misdemeanor, unless otherwise provided in this title.
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Section 4.
Section
40-6-12
is amended to read:
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40-6-12. Evasion of chapter or rules -- Penalties -- Limitation of actions.
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(1) (a) A person is guilty of a class A misdemeanor if, for the purpose of evading this
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chapter or any [rule or] order of the board, he is convicted of any of the following:
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(i) making or causing to be made any false entry in any report, record, account, or
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memorandum required by this chapter or by any rule or order;
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(ii) omitting or causing to be omitted from any report, record, account, or
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memorandum, full, true, and correct entries as required by this chapter or by any [rule or]
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order; or
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(iii) removing from this state or destroying, mutilating, altering, or falsifying any
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record, account, or memorandum.
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(b) Upon conviction, that person is subject to a fine of not more than $5,000 or
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imprisonment for a term not exceeding six months, or to both fine and imprisonment.
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(2) No suit, action, or other proceeding based upon a violation of this chapter or any
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rule or order of the board may be commenced or maintained unless it is commenced within one
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year from the date of the alleged violation.
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Section 5.
Section
40-8-9
is amended to read:
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40-8-9. Evasion of chapter or rules -- Penalties -- Limitations of actions --
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Violation of chapter or permit conditions -- Inspection -- Cessation order, abatement
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notice, or show cause order -- Suspension or revocation of permit -- Review -- Division
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enforcement authority -- Appeal provisions.
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(1) (a) A person, owner, or operator who willfully or knowingly evades this chapter, or
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who for the purpose of evading this chapter or any [rule or] order issued under this chapter,
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willfully or knowingly makes or causes to be made any false entry in any report, record,
125
account, or memorandum required by this chapter, or by the [rule or] order, or who willfully or
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knowingly omits or causes to be omitted from a report, record, account, or memorandum, full,
127
true, and correct entries as required by this chapter, or by the [rule or] order, or who willfully or
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knowingly removes from this state or destroys, mutilates, alters, or falsifies any record,
129
account, or memorandum, is guilty of a misdemeanor and, upon conviction, is subject to a fine
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of not more than $10,000 for each violation.
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(b) Each day of willful failure to comply with an emergency order is a separate
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violation.
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(2) No suit, action, or other proceeding based upon a violation of this chapter, or any
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rule or order issued under this chapter, may be commenced or maintained unless the suit,
135
action, or proceeding is commenced within five years from the date of the alleged violation.
136
(3) (a) If, on the basis of information available, the division has reason to believe that a
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person is in violation of a requirement of this chapter or a permit condition required by this
138
chapter, the division shall immediately order inspection of the mining operation at which the
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alleged violation is occurring, unless the information available to the division is a result of a
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previous inspection of the mining operation.
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(b) (i) If, on the basis of an inspection, the division determines that a condition or
142
practice exists, or that a permittee is in violation of a requirement of this chapter or a permit
143
condition required by this chapter, and the condition, practice, or violation also creates an
144
imminent danger to the health or safety of the public, or is causing, or can reasonably be
145
expected to cause significant, imminent environmental harm to land, air, or water resources,
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the division shall immediately order a cessation of mining and operations or the portion
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relevant to the condition, practice, or violation.
148
(ii) The cessation order shall remain in effect until the division determines that the
149
condition, practice, or violation has been abated, or until modified, vacated, or terminated by
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the division.
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(iii) If the division finds that the ordered cessation of mining operations, or a portion of
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the operation, will not completely abate the imminent danger to the health or safety of the
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public or the significant imminent environmental harm to land, air, or water resources, the
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division shall, in addition to the cessation order, impose affirmative obligations on the operator
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requiring him to take whatever steps the division considers necessary to abate the imminent
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danger or the significant environmental harm.
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(c) (i) If, on the basis of an inspection, the division determines that a permittee is in
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violation of a requirement of this chapter or a permit condition required by this chapter, but the
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violation does not create an imminent danger to the health or safety of the public or cannot be
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reasonably expected to cause significant, imminent environmental harm to land, air, or water
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resources, the division shall issue a notice to the permittee or his agent specifying a reasonable
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time, but not more than 90 days, for the abatement of the violation and providing an
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opportunity for a conference with the division.
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(ii) If, upon expiration of the period of time as originally fixed or subsequently
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extended, for good cause shown, and upon the written finding of the division, the division finds
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that the violation has not been abated, it shall immediately order a cessation of mining
167
operations or the portion of the mining operation relevant to the violation.
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(iii) The cessation order shall remain in effect until the division determines that the
169
violation has been abated or until modified, vacated, or terminated by the division pursuant to
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this Subsection (3).
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(iv) In the order of cessation issued by the division under this Subsection (3), the
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division shall determine the steps necessary to abate the violation in the most expeditious
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manner possible and shall include the necessary measures in the order.
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(d) (i) Notices and orders issued under this section shall set forth with reasonable
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specificity:
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(A) the nature of the violation and the remedial action required;
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(B) the period of time established for abatement; and
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(C) a reasonable description of the portion of the mining and reclamation operation to
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which the notice or order applies.
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(ii) Each notice or order issued under this section shall be given promptly to the
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permittee or his agent by the division, and the notices and orders shall be in writing and shall
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be signed by the director, or his authorized representative who issues notices or orders.
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(iii) A notice or order issued under this section may be modified, vacated, or
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terminated by the division, but any notice or order issued under this section which requires
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cessation of mining by the operator shall expire within 30 days of the actual notice to the
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operator, unless a conference is held with the division.
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(4) (a) The division may request the attorney general to institute a civil action for relief,
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including a permanent or temporary injunction, restraining order, or any other appropriate order
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in the district court for the district in which the mining and reclamation operation is located, or
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in which the permittee of the operation has his principal office, if the permittee or his agent:
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(i) violates or fails or refuses to comply with an order or decision issued by the division
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under this chapter;
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(ii) interferes with, hinders, or delays the division, or its authorized representatives, in
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carrying out the provisions of this chapter;
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(iii) refuses to admit the authorized representatives to the mine;
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(iv) refuses to permit inspection of the mine by the authorized representative; or
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(v) refuses to furnish any information or report requested by the division in furtherance
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of the provisions of this chapter.
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(b) (i) The court shall have jurisdiction to provide the appropriate relief.
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(ii) Relief granted by the court to enforce an order under Subsection (4)(a)(i) shall
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continue in effect until the completion or final termination of all proceedings for review of that
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order under this chapter, unless, prior to this completion or termination, the district court
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granting the relief sets it aside or modifies the order.
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(5) (a) (i) A permittee issued a notice or order by the division, pursuant to the
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provisions of Subsections (3)(b) and (3)(c), or a person having an interest which may be
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adversely affected by the notice or order, may apply to the board for review of the notice or
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order within 30 days of receipt of the notice or order, or within 30 days of a modification,
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vacation, or termination of the notice or order.
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(ii) Upon receipt of this application, the board shall pursue an investigation as it
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considers appropriate.
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(iii) The investigation shall provide an opportunity for a public hearing at the request of
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the applicant or the person having an interest which is or may be adversely affected, to enable
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the applicant or that person to present information relating to the issuance and continuance of
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the notice or order of the modification, vacation, or termination of the notice or order.
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(iv) The filing of an application for review under this Subsection (5)(a) shall not
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operate as a stay of an order or notice.
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(b) (i) The permittee and other interested persons shall be given written notice of the
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time and place of the hearing at least five days prior to the hearing.
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(ii) This hearing shall be of record and shall be subject to judicial review.
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(c) (i) Pending completion of the investigation and hearing required by this section, the
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applicant may file with the board a written request that the board grant temporary relief from
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any notice or order issued under this section, with a detailed statement giving the reasons for
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granting this relief.
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(ii) The board shall issue an order or decision granting or denying this relief
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expeditiously.
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(d) (i) Following the issuance of an order to show cause as to why a permit should not
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be suspended or revoked pursuant to this section, the board shall hold a public hearing, after
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giving written notice of the time, place, and date of the hearing.
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(ii) The hearing shall be of record and shall be subject to judicial review.
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(iii) Within 60 days following the public hearing, the board shall issue and furnish to
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the permittee and all other parties to the hearing, a written decision, and the reasons for the
232
decision, regarding suspension or revocation of the permit.
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(iv) If the board revokes the permit, the permittee shall immediately cease mining
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operations on the permit area and shall complete reclamation within a period specified by the
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board, or the board shall declare the performance bonds forfeited for the operation.
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(e) Action by the board taken under this section or any other provision of the state
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program shall be subject to judicial review by the appropriate district court within the state.
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(6) A criminal proceeding for a violation of this chapter, or a rule, regulation, or order
239
issued under this chapter, shall be commenced within five years from the date of the alleged
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violation.
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Section 6.
Section
41-3-210
is amended to read:
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41-3-210. License holders -- Prohibitions.
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(1) The holder of any license issued under this chapter may not:
244
(a) intentionally publish, display, or circulate any advertising that is misleading or
245
inaccurate in any material fact or that misrepresents any of the products sold, manufactured,
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remanufactured, handled, or furnished by a licensee;
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(b) intentionally publish, display, or circulate any advertising without identifying the
248
seller as the licensee by including in the advertisement the full name under which the licensee
249
is licensed or the licensee's number assigned by the division;
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(c) violate this chapter or the rules made by the administrator;
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(d) violate any law of the state respecting commerce in motor vehicles or any rule
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respecting commerce in motor vehicles made by any licensing or regulating authority of the
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state;
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(e) engage in business as a new motor vehicle dealer, special equipment dealer, used
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motor vehicle dealer, motor vehicle crusher, or body shop without having in effect a bond as
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required in this chapter;
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(f) act as a dealer, dismantler, crusher, manufacturer, transporter, remanufacturer, or
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body shop without maintaining a principal place of business;
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(g) engage in a business respecting the selling or exchanging of new or new and used
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motor vehicles for which he is not licensed, including selling or exchanging a new motor
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vehicle for which the licensee does not have a franchise, but this Subsection (1)(g) does not
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apply to a special equipment dealer who sells a new special equipment motor vehicle with a
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gross vehicle weight of 12,000 or more pounds after installing special equipment on the motor
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vehicle;
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(h) dismantle or transport to a crusher for crushing or other disposition any motor
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vehicle without first obtaining a dismantling or junk permit under Section
41-1a-1009
,
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41-1a-1010
, or
41-1a-1011
;
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(i) as a new motor vehicle dealer, special equipment dealer, or used motor vehicle
269
dealer fail to give notice of sales or transfers as required in Section
41-3-301
;
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(j) advertise or otherwise represent, or knowingly allow to be advertised or represented
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on his behalf or at his place of business, that no down payment is required in connection with
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the sale of a motor vehicle when a down payment is required and the buyer is advised or
273
induced to finance a down payment by a loan in addition to any other loan financing the
274
remainder of the purchase price of the motor vehicle;
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(k) as a crusher, crush or shred a motor vehicle brought to the crusher without
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obtaining proper evidence of ownership of the motor vehicle; proper evidence of ownership is
277
a certificate of title endorsed according to law or a dismantling or junk permit issued under
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Section
41-1a-1009
,
41-1a-1010
, or
41-1a-1011
;
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(l) as a manufacturer or remanufacturer assemble a motor vehicle that does not comply
280
with construction, safety, or vehicle identification number standards fixed by law or rule of any
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licensing or regulating authority;
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(m) as anyone other than a salesperson licensed under this chapter, be present on a
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dealer display space and contact prospective customers to promote the sale of the dealer's
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vehicles;
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(n) sell, display for sale, or offer for sale motor vehicles at any location other than the
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principal place of business or additional places of business licensed under this chapter; this
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provision is construed to prevent dealers, salespersons, or any other representative of a
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dealership from selling, displaying, or offering motor vehicles for sale from their homes or
289
other unlicensed locations;
290
(o) (i) as a dealer, dismantler, body shop, or manufacturer, maintain a principal place of
291
business or additional place of business that shares any common area with a business or
292
activity not directly related to motor vehicle commerce; or
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(ii) maintain any places of business that share any common area with another dealer,
294
dismantler, body shop, or manufacturer;
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(p) withhold delivery of license plates obtained by the licensee on behalf of a customer
296
for any reason, including nonpayment of any portion of the vehicle purchase price or down
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payment;
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(q) issue a temporary permit for any vehicle that has not been sold by the licensee;
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(r) alter a temporary permit in any manner;
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(s) operate any principal place of business or additional place of business in a location
301
that does not comply with local ordinances, including zoning ordinances; [or]
302
(t) sell, display for sale, offer for sale, or exchange any new motor vehicle if the
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licensee does not:
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(i) have a new motor vehicle dealer's license under Section
41-3-202
; and
305
(ii) possess a franchise from the manufacturer of the new motor vehicle sold, displayed
306
for sale, offered for sale, or exchanged by the licensee[.]; or
307
(u) as a new motor vehicle dealer or used motor vehicle dealer, encourage or conspire
308
with any person who has not obtained a salesperson's license to solicit for prospective
309
purchasers.
310
(2) (a) If a new motor vehicle is constructed in more than one stage, such as a motor
311
home, ambulance, or van conversion, the licensee shall advertise, represent, sell, and exchange
312
the vehicle as the make designated by the final stage manufacturer, except in those specific
313
situations where the licensee possesses a franchise from the initial or first stage manufacturer,
314
presumably the manufacturer of the motor vehicle's chassis.
315
(b) Sales of multiple stage manufactured motor vehicles shall include the transfer to the
316
purchaser of a valid manufacturer's statement or certificate of origin from each manufacturer
317
under Section
41-3-301
.
318
(3) Each licensee, except salespersons, shall maintain and make available for
319
inspection by peace officers and employees of the division:
320
(a) a record of every motor vehicle bought, or exchanged by the licensee or received or
321
accepted by the licensee for sale or exchange;
322
(b) a record of every used part or used accessory bought or otherwise acquired;
323
(c) a record of every motor vehicle bought or otherwise acquired and wrecked or
324
dismantled by the licensee;
325
(d) all buyers' orders, contracts, odometer statements, temporary permit records,
326
financing records, and all other documents related to the purchase, sale, or consignment of
327
motor vehicles; and
328
(e) a record of the name and address of the person to whom any motor vehicle or motor
329
vehicle body, chassis, or motor vehicle engine is sold or otherwise disposed of and a
330
description of the motor vehicle by year, make, and vehicle identification number.
331
(4) Each licensee required by this chapter to keep records shall:
332
(a) be kept by the licensee at least for five years; and
333
(b) furnish copies of those records upon request to any peace officer or employee of the
334
division during reasonable business hours.
335
(5) A manufacturer, distributor, distributor representative, or factory representative
336
may not induce or attempt to induce by means of coercion, intimidation, or discrimination any
337
dealer to:
338
(a) accept delivery of any motor vehicle, parts, or accessories or any other commodity
339
or commodities, including advertising material not ordered by the dealer;
340
(b) order or accept delivery of any motor vehicle with special features, appliances,
341
accessories, or equipment not included in the list price of the motor vehicle as publicly
342
advertised by the manufacturer;
343
(c) order from any person any parts, accessories, equipment, machinery, tools,
344
appliances, or any other commodity;
345
(d) enter into an agreement with the manufacturer, distributor, distributor
346
representative, or factory representative of any of them, or to do any other act unfair to the
347
dealer by threatening to cancel any franchise or contractual agreement between the
348
manufacturer, distributor, distributor branch, or factory branch and the dealer;
349
(e) refuse to deliver to any dealer having a franchise or contractual arrangement for the
350
retail sale of new and unused motor vehicles sold or distributed by the manufacturer,
351
distributor, distributor branch or factory branch, any motor vehicle, publicly advertised for
352
immediate delivery within 60 days after the dealer's order is received; or
353
(f) unfairly, without regard to the equities of the dealer, cancel the franchise of any
354
motor vehicle dealer; the nonrenewal of a franchise or selling agreement without cause is a
355
violation of this subsection and is an unfair cancellation.
356
(6) A dealer may not assist an unlicensed dealer or salesperson in unlawful activity
357
through active or passive participation in sales, or by allowing use of his facilities or dealer
358
license number, or by any other means.
359
(7) (a) The holder of any new motor vehicle dealer license issued under this chapter
360
may not sell any new motor vehicle to:
361
(i) another dealer licensed under this chapter who does not hold a valid franchise for
362
the make of new motor vehicles sold, unless the selling dealer licenses and titles the new motor
363
vehicle to the purchasing dealer; or
364
(ii) any motor vehicle leasing or rental company located within this state, or who has
365
any branch office within this state, unless the dealer licenses and titles the new motor vehicle to
366
the purchasing, leasing, or rental company.
367
(b) Subsection (7)(a)(i) does not apply to the sale of a new incomplete motor vehicle
368
with a gross vehicle weight of 12,000 or more pounds to a special equipment dealer licensed
369
under this chapter.
370
(8) A dealer licensed under this chapter may not take on consignment any new motor
371
vehicle from anyone other than a new motor vehicle dealer, factory, or distributor who is
372
licensed and franchised to distribute or sell that make of motor vehicle in this or any other
373
state.
374
(9) A body shop licensed under this chapter may not assist an unlicensed body shop in
375
unlawful activity through active or passive means or by allowing use of its facilities, name,
376
body shop number, or by any other means.
377
(10) A used motor vehicle dealer licensed under this chapter may not advertise, offer
378
for sale, or sell a new motor vehicle that has been driven less than 7,500 miles by obtaining a
379
title only to the vehicle and representing it as a used motor vehicle.
380
(11) (a) Except as provided in Subsection (11)(c), or in cases of undue hardship or
381
emergency as provided by rule by the division, a dealer or salesperson licensed under this
382
chapter may not, on consecutive days of Saturday and Sunday, sell, offer for sale, lease, or offer
383
for lease a motor vehicle.
384
(b) Each day a motor vehicle is sold, offered for sale, leased, or offered for lease in
385
violation of Subsection (11)(a) and each motor vehicle sold, offered for sale, leased, or offered
386
for lease in violation of Subsection (11)(a) shall constitute a separate offense.
387
(c) The provisions of Subsection (11)(a) shall not apply to a dealer participating in a
388
trade show or exhibition if:
389
(i) there are five or more dealers participating in the trade show or exhibition; and
390
(ii) the trade show or exhibition takes place at a location other than the principal place
391
of business of one of the dealers participating in the trade show or exhibition.
392
(12) For purposes of imposing the sales and use tax under Title 59, Chapter 12, Sales
393
and Use Tax Act, a licensee issuing a temporary permit under Section
41-3-302
shall separately
394
identify the fees required by Title 41, Chapter 1a, Motor Vehicle Act.
395
Section 7.
Section
41-3-701
is amended to read:
396
41-3-701. Violations as misdemeanors.
397
(1) Except as otherwise provided in this chapter, any person who violates this chapter
398
[or any rule made by the administrator] is guilty of a class B misdemeanor.
399
(2) A person who violates Section
41-3-201
is guilty of a class A misdemeanor.
400
(3) A person who violates Section
41-3-301
is guilty of a class A misdemeanor unless
401
the selling dealer complies with the requirements of Section
41-3-403
.
402
Section 8.
Section
41-3-702
is amended to read:
403
41-3-702. Civil penalty for violation.
404
(1) The following are civil violations under this chapter and are in addition to criminal
405
violations under this chapter:
406
(a) Level I:
407
(i) failure to display business license;
408
(ii) failure to surrender license of salesperson because of termination, suspension, or
409
revocation;
410
(iii) failure to maintain a separation from nonrelated motor vehicle businesses at
411
licensed locations;
412
(iv) issuing a temporary permit improperly;
413
(v) failure to maintain records;
414
(vi) selling a new motor vehicle to a nonfranchised dealer or leasing company without
415
licensing the motor vehicle;
416
(vii) special plate violation; and
417
(viii) failure to maintain a sign at principal place of business.
418
(b) Level II:
419
(i) failure to report sale;
420
(ii) dismantling without a permit;
421
(iii) manufacturing without meeting construction or vehicle identification number
422
standards;
423
(iv) withholding customer license plates; or
424
(v) selling a motor vehicle on consecutive days of Saturday and Sunday.
425
(c) Level III:
426
(i) operating without a principal place of business;
427
(ii) selling a new motor vehicle without holding the franchise;
428
(iii) crushing a motor vehicle without proper evidence of ownership;
429
(iv) selling from an unlicensed location;
430
(v) altering a temporary permit;
431
(vi) refusal to furnish copies of records;
432
(vii) assisting an unlicensed dealer or salesperson in sales of motor vehicles; [and]
433
(viii) advertising violation[.];
434
(ix) failure to separately identify the fees required by Title 41, Chapter 1a, Motor
435
Vehicle Act; and
436
(x) encouraging or conspiring with unlicensed persons to solicit for prospective
437
purchasers.
438
(2) (a) The schedule of civil penalties for violations of Subsection (1) is:
439
(i) Level I: $25 for the first offense, $100 for the second offense, and $250 for the third
440
and subsequent offenses;
441
(ii) Level II: $100 for the first offense, $250 for the second offense, and $1,000 for the
442
third and subsequent offenses; and
443
(iii) Level III: $250 for the first offense, $1,000 for the second offense, and $5,000 for
444
the third and subsequent offenses.
445
(b) When determining under this section if an offense is a second or subsequent
446
offense, only prior offenses committed within the 12 months prior to the commission of the
447
current offense may be considered.
448
(3) The following are civil violations in addition to criminal violations under Section
449
41-1a-1008
:
450
(a) knowingly selling a salvage vehicle, as defined in Section
41-1a-1001
, without
451
disclosing that the salvage vehicle has been repaired or rebuilt;
452
(b) knowingly making a false statement on a vehicle damage disclosure statement, as
453
defined in Section
41-1a-1001
; or
454
(c) fraudulently certifying that a damaged motor vehicle is entitled to an unbranded
455
title, as defined in Section
41-1a-1001
, when it is not.
456
(4) The civil penalty for a violation under Subsection (3) is:
457
(a) not less than $1,000, or treble the actual damages caused by the person, whichever
458
is greater; and
459
(b) reasonable attorneys' fees and costs of the action.
460
(5) A civil action may be maintained by a purchaser or by the administrator.
461
Section 9.
Section
41-6a-1115
is amended to read:
462
41-6a-1115. Motor assisted scooters -- Conflicting provisions -- Restrictions --
463
Penalties.
464
(1) (a) Except as otherwise provided in this section, a motor assisted scooter is subject
465
to the provisions under this chapter for a bicycle, moped, or a motor-driven cycle.
466
(b) For a person operating a motor assisted scooter, the following provisions do not
467
apply:
468
(i) seating positions under Section
41-6a-1501
;
469
(ii) required lights, horns, and mirrors under Section
41-6a-1506
;
470
(iii) entitlement to full use of a lane under Subsection
41-6a-1502
(1); and
471
(iv) driver licensing requirements under Section
53-3-202
.
472
(2) A person under 15 years of age may not operate a motor assisted scooter using the
473
motor unless the person is under the direct supervision of the person's parent or guardian.
474
(3) A person under eight years of age may not operate a motor assisted scooter with the
475
motor running on any public property, highway, path, or sidewalk.
476
(4) A person may not operate a motor assisted scooter:
477
(a) in a public parking structure;
478
(b) on public property posted as an area prohibiting skateboards;
479
(c) on a highway consisting of a total of four or more lanes designated for regular
480
vehicular traffic;
481
(d) on a highway with a posted speed limit greater than 25 miles per hour;
482
(e) while carrying more persons at one time than the number for which it is designed;
483
or
484
(f) that has been structurally or mechanically altered from the original manufacturer's
485
design.
486
(5) Except where posted or prohibited by [rule or] local ordinance, a motor assisted
487
scooter is considered a nonmotorized vehicle if it is being used with the motor turned off.
488
(6) An owner may not authorize or knowingly permit a person to operate a motor
489
assisted scooter in violation of this section.
490
(7) A person who violates this section is guilty of a class C misdemeanor.
491
Section 10.
Section
51-7-22.4
is amended to read:
492
51-7-22.4. Penalties for violation by certified investment advisers.
493
(1) [Each] An intentional violation by a certified investment adviser [who intentionally
494
violates] of Section
51-7-7
,
51-7-11
, or
51-7-11.5
, or [who intentionally violates] any rule or
495
order under this chapter is [guilty of a third degree felony.] punishable by a civil penalty of:
496
(a) $1,000 for each day of noncompliance for the responsible person; and
497
(b) $5,000 for each day of noncompliance for the firm or institution.
498
(2) In addition to any other penalty for a criminal violation of this chapter, the
499
sentencing judge may impose any penalty or remedy provided for in Subsection
500
51-7-22.5
(1)(b).
501
Section 11.
Section
53-7-226
is amended to read:
502
53-7-226. Violations -- Misdemeanor.
503
A person is guilty of a class B misdemeanor if he:
504
(1) violates this part;
505
(2) violates any order made under this part;
506
(3) produces, reproduces, or uses the official seal of registration of the division in any
507
manner or for any purpose inconsistent with the [rules of the board] designated purpose of the
508
seal;
509
(4) removes, uses, or damages service tags or other labels or markings [required by the
510
board] in a manner inconsistent with the [rules of the board] designated use of the service tag;
511
(5) engages in the sale, storage, or handling of class C fireworks without a permit
512
where a local government requires a permit;
513
(6) sells at retail, transports, possesses, or discharges [fireworks that are not approved
514
under rules made by the board] class C dangerous explosives as defined in Section
53-7-202
;
515
(7) performs or intends to perform services or induces the public to enter into any
516
obligation relating to the performance of those services that are untrue, misleading, or
517
reasonably known to be untrue or misleading; or
518
(8) builds in violation of the division's plan review or written instructions conducted on
519
building specifications, building plans, or amendments of those specifications or plans as
520
required under this part.
521
Section 12.
Section
59-14-212
is amended to read:
522
59-14-212. Reporting of imported cigarettes -- Penalty.
523
(1) Except as provided under Subsection (2), any manufacturer, distributor, wholesaler,
524
or retail dealer who under Section
59-14-205
affixes a stamp to an individual package or
525
container of cigarettes imported to the United States shall provide to the commission the
526
following as they pertain to the imported cigarettes:
527
(a) a copy of the importer's federal import permit;
528
(b) the customs form showing the tax information required by federal law;
529
(c) a statement signed under penalty of perjury by the manufacturer or importer that the
530
manufacturer or importer has complied with:
531
(i) 15 U.S.C. 1333 of the Federal Cigarette Labeling and Advertising Act, regarding
532
warning labels and other package information; and
533
(ii) 15 U.S.C. 1335a of the Federal Cigarette Labeling and Advertising Act, regarding
534
reporting of added ingredients;
535
(d) the name of the person from whom the person affixing the stamp received the
536
cigarettes;
537
(e) the name of the person to whom the person affixing the stamp delivered the
538
cigarettes, unless the person receiving the cigarettes was the ultimate consumer;
539
(f) the quantity of cigarettes in the package or container; and
540
(g) the brand and brand style of the cigarettes.
541
(2) Subsection (1) does not apply to cigarettes sold or intended to be sold as duty-free
542
merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C.
543
1555(b) and any implementing regulations unless the cigarettes are brought back into the
544
customs territory for resale within the customs territory.
545
(3) The information under Subsection (1) shall be provided on a quarterly basis
546
[pursuant to rules established by the commission in accordance with Title 63, Chapter 46a,
547
Utah Administrative Rulemaking Act] on forms specified by the agency.
548
(4) A person who fails to comply with the reporting requirement or provides false or
549
misleading information under Subsection (1):
550
(a) is guilty of a class B misdemeanor; and
551
(b) may be subject to:
552
(i) revocation or suspension of a license issued under Section
59-14-202
; and
553
(ii) a civil penalty imposed by the commission in an amount not to exceed the greater
554
of:
555
(A) 500% of the retail value of the cigarettes for which a report was not properly made;
556
or
557
(B) $5,000.
558
(5) The information under Subsection (1) may be disclosed by the commission as
559
provided under Subsection
59-1-403
(3)(g).
560
Section 13.
Section
65A-3-1
is amended to read:
561
65A-3-1. Trespassing on state lands -- Penalties.
562
(1) A person is guilty of a class B misdemeanor and liable for the civil damages
563
prescribed in Subsection (2) if he[: (a)], without written authorization from the division:
564
[(i)] (a) removes, extracts, uses, consumes, or destroys any mineral resource, gravel,
565
sand, soil, vegetation, or improvement on state lands;
566
[(ii)] (b) grazes livestock on state lands;
567
[(iii)] (c) uses, occupies, or constructs improvements or structures on state lands;
568
[(iv)] (d) uses or occupies state lands for more than 30 days after the cancellation or
569
expiration of written authorization;
570
[(v)] (e) knowingly and willfully uses state lands for commercial gain; or
571
[(vi)] (f) appropriates, alters, injures, or destroys any historical, prehistorical,
572
archaeological, or paleontological resource on state lands[; or].
573
[(b) uses or occupies state lands in violation of division rules.]
574
(2) A person who commits any act described in Subsection (1) is liable for damages in
575
the amount of:
576
(a) three times the value of the mineral or other resource removed, destroyed, or
577
extracted;
578
(b) three times the amount of damage committed; or
579
(c) three times the consideration which would have been charged by the division for
580
use of the land during the period of trespass.
581
(3) In addition to the damages described in Subsection (2), a person found guilty of a
582
misdemeanor under Subsection (1) is subject to the penalties provided in Section
76-3-204
.
583
(4) Money collected under this section shall be deposited in the fund in which like
584
revenues from that land would be deposited.
585
Section 14.
Section
76-10-1233 (Effective 05/01/06)
is amended to read:
586
76-10-1233 (Effective 05/01/06). Content providers -- Material harmful to minors.
587
(1) A content provider that is domiciled in Utah, or generates or hosts content in Utah,
588
shall restrict access to material harmful to minors.
589
[(2) The Division of Consumer Protection shall make rules in accordance with Title 63,
590
Chapter 46a, Utah Administrative Rulemaking Act, to establish acceptable rating methods to
591
be implemented by a content provider under Subsection (1).]
592
[(3)] (2) If the attorney general determines that a content provider violates Subsection
593
(1), the attorney general shall:
594
(a) notify the content provider that the content provider is in violation of Subsection
595
(1); and
596
(b) notify the content provider that the content provider has 30 days to comply with
597
Subsection (1) or be subject to Subsection [(4)] (3).
598
[(4)] (3) If a content provider violates this section more than 30 days after receiving the
599
notice provided in Subsection [(3)] (2), the content provider is guilty of a third degree felony.
600
Section 15.
Section
76-10-1234
is enacted to read:
601
76-10-1234. Rulemaking authority.
602
The Division of Consumer Protection shall make rules in accordance with Title 63,
603
Chapter 46a, Utah Administrative Rulemaking Act, to establish acceptable rating methods to
604
be implemented by a content provider under Subsection
76-10-1233
(1).
Legislative Review Note
as of 1-24-06 8:16 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.
Office of Legislative Research and General Counsel
Legislative Committee Note
as of 01-24-06 10:33 AM
The Administrative Rules Review Committee recommended this bill.
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