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H.B. 297
1
BUDGETARY PROCEDURES ACT
2
RECODIFICATION
3
2009 GENERAL SESSION
4
STATE OF UTAH
5
Chief Sponsor: Ron Bigelow
6
Senate Sponsor:
Lyle W. Hillyard
7
8
LONG TITLE
9
General Description:
10
This bill recodifies and makes technical amendments to the Budgetary Procedures Act.
11
Highlighted Provisions:
12
This bill:
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. organizes and groups existing sections of the Budgetary Procedures Act into
14
consistent categories;
15
. simplifies structure and language in the act;
16
. modifies provisions to list requirements and procedures in chronological order;
17
. consolidates, modifies, and provides definitions in the act;
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. removes references to the currently unused term "allotment";
19
. updates and coordinates cross references; and
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. makes technical and grammatical changes.
21
Monies Appropriated in this Bill:
22
None
23
Other Special Clauses:
24
This bill provides an effective date.
25
This bill provides revisor instructions.
26
Utah Code Sections Affected:
27
AMENDS:
28
3-1-6, as last amended by Laws of Utah 2008, Chapter 382
29
3-1-36, as last amended by Laws of Utah 2008, Chapter 382
30
4-2-2, as last amended by Laws of Utah 2008, Chapter 382
31
4-3-14, as last amended by Laws of Utah 2008, Chapter 382
32
4-14-3, as last amended by Laws of Utah 2008, Chapter 382
33
4-14-13, as last amended by Laws of Utah 2008, Chapter 382
34
4-37-201, as last amended by Laws of Utah 2008, Chapter 382
35
4-37-301, as last amended by Laws of Utah 2008, Chapter 382
36
4-39-203, as last amended by Laws of Utah 2008, Chapter 382
37
12-1-10, as last amended by Laws of Utah 2008, Chapter 382
38
13-1-2, as last amended by Laws of Utah 2008, Chapter 382
39
13-1a-9, as last amended by Laws of Utah 2008, Chapter 382
40
13-14-105, as last amended by Laws of Utah 2008, Chapter 382
41
13-15-4, as last amended by Laws of Utah 2008, Chapter 382
42
13-15-4.5, as last amended by Laws of Utah 2008, Chapter 382
43
13-21-3, as last amended by Laws of Utah 2008, Chapter 382
44
13-22-6, as last amended by Laws of Utah 2008, Chapters 177 and 382
45
13-22-8, as last amended by Laws of Utah 2008, Chapter 382
46
13-22-9, as last amended by Laws of Utah 2008, Chapter 382
47
13-23-5, as last amended by Laws of Utah 2008, Chapter 382
48
13-26-3, as last amended by Laws of Utah 2008, Chapter 382
49
13-32a-111, as last amended by Laws of Utah 2008, Chapter 382
50
13-34-107, as last amended by Laws of Utah 2008, Chapter 382
51
13-35-105, as last amended by Laws of Utah 2008, Chapter 382
52
13-39-201, as last amended by Laws of Utah 2008, Chapter 382
53
13-42-105, as last amended by Laws of Utah 2008, Chapter 382
54
13-42-109, as last amended by Laws of Utah 2008, Chapter 382
55
13-42-111, as last amended by Laws of Utah 2008, Chapter 382
56
13-42-132, as last amended by Laws of Utah 2008, Chapter 382
57
15-9-109, as last amended by Laws of Utah 2008, Chapter 382
58
16-6a-107, as last amended by Laws of Utah 2008, Chapter 382
59
16-7-11, as last amended by Laws of Utah 2008, Chapter 382
60
16-10a-122, as last amended by Laws of Utah 2008, Chapter 382
61
16-12-3, as last amended by Laws of Utah 2008, Chapter 382
62
16-13-12, as last amended by Laws of Utah 2008, Chapter 382
63
16-15-105, as last amended by Laws of Utah 2008, Chapter 382
64
16-15-107, as last amended by Laws of Utah 2008, Chapter 382
65
16-15-108, as last amended by Laws of Utah 2008, Chapter 382
66
16-16-208, as enacted by Laws of Utah 2008, Chapter 363
67
16-17-201, as enacted by Laws of Utah 2008, Chapter 364
68
19-1-201, as last amended by Laws of Utah 2008, Chapter 382
69
19-1-403, as last amended by Laws of Utah 2008, Chapter 382
70
19-2-105.3, as last amended by Laws of Utah 2008, Chapter 382
71
19-2-109.1, as last amended by Laws of Utah 2008, Chapter 382
72
19-2-109.5, as last amended by Laws of Utah 2008, Chapter 382
73
19-3-104, as last amended by Laws of Utah 2008, Chapter 382
74
19-3-106.4, as last amended by Laws of Utah 2008, Chapter 382
75
19-3-308, as last amended by Laws of Utah 2008, Chapter 382
76
19-3-315, as last amended by Laws of Utah 2008, Chapter 382
77
19-5-120, as last amended by Laws of Utah 2008, Chapter 382
78
19-5-121, as last amended by Laws of Utah 2008, Chapter 382
79
19-5-122, as last amended by Laws of Utah 2008, Chapter 382
80
19-6-408, as last amended by Laws of Utah 2008, Chapter 382
81
19-6-806, as last amended by Laws of Utah 2008, Chapter 382
82
19-6-1003, as last amended by Laws of Utah 2008, Chapter 382
83
19-8-117, as last amended by Laws of Utah 2008, Chapter 382
84
23-14-18, as last amended by Laws of Utah 2008, Chapter 382
85
23-16-4, as last amended by Laws of Utah 2008, Chapter 382
86
26-1-6, as last amended by Laws of Utah 2008, Chapter 382
87
26-2-22, as last amended by Laws of Utah 2008, Chapters 3, 137, and 382
88
26-21a-205, as last amended by Laws of Utah 2008, Chapter 382
89
31A-3-103, as last amended by Laws of Utah 2008, Chapter 382
90
31A-3-304 (Superseded 07/01/10), as last amended by Laws of Utah 2008, Chapter
91
382
92
31A-3-304 (Effective 07/01/10), as last amended by Laws of Utah 2008, Chapters 302
93
and 382
94
31A-34-104, as last amended by Laws of Utah 2008, Chapter 382
95
31A-35-301, as last amended by Laws of Utah 2008, Chapter 382
96
31A-35-401, as last amended by Laws of Utah 2008, Chapter 382
97
31A-35-406, as last amended by Laws of Utah 2008, Chapter 382
98
31A-37-202, as last amended by Laws of Utah 2008, Chapters 302 and 382
99
34A-1-106, as last amended by Laws of Utah 2008, Chapter 382
100
34A-7-104, as last amended by Laws of Utah 2008, Chapter 382
101
34A-7-203, as last amended by Laws of Utah 2008, Chapter 382
102
35A-1-106, as last amended by Laws of Utah 2008, Chapter 382
103
36-12-13, as last amended by Laws of Utah 2008, Chapter 382
104
38-1-27, as last amended by Laws of Utah 2008, Chapter 382
105
38-11-201, as last amended by Laws of Utah 2008, Chapter 382
106
38-11-202, as last amended by Laws of Utah 2008, Chapter 382
107
38-11-204, as last amended by Laws of Utah 2008, Chapter 382
108
38-11-206, as last amended by Laws of Utah 2008, Chapter 382
109
38-11-301, as last amended by Laws of Utah 2008, Chapter 382
110
38-11-302, as last amended by Laws of Utah 2008, Chapter 382
111
40-2-401, as last amended by Laws of Utah 2008, Chapter 382 and renumbered and
112
amended by Laws of Utah 2008, Chapter 113
113
40-2-402, as last amended by Laws of Utah 2008, Chapter 382 and renumbered and
114
amended by Laws of Utah 2008, Chapter 113
115
40-6-14.5, as last amended by Laws of Utah 2008, Chapter 382
116
41-1a-115, as last amended by Laws of Utah 2008, Chapter 382
117
41-1a-116, as last amended by Laws of Utah 2008, Chapter 382
118
41-1a-301, as last amended by Laws of Utah 2008, Chapter 382
119
41-1a-418, as last amended by Laws of Utah 2008, Chapters 48, 143, 153, 181, 201,
120
and 382
121
41-1a-419, as last amended by Laws of Utah 2008, Chapter 382
122
41-1a-422, as last amended by Laws of Utah 2008, Chapters 48, 201, and 382
123
41-1a-1007, as last amended by Laws of Utah 2008, Chapter 382
124
41-1a-1010, as last amended by Laws of Utah 2008, Chapter 382
125
41-1a-1211, as last amended by Laws of Utah 2008, Chapters 143 and 382
126
41-1a-1212, as last amended by Laws of Utah 2008, Chapter 382
127
41-1a-1221, as last amended by Laws of Utah 2008, Chapter 382
128
41-3-601, as last amended by Laws of Utah 2008, Chapter 382
129
41-3-604, as last amended by Laws of Utah 2008, Chapter 382
130
41-6a-404, as last amended by Laws of Utah 2008, Chapter 382
131
41-6a-518, as last amended by Laws of Utah 2008, Chapter 382
132
41-12a-202, as last amended by Laws of Utah 2008, Chapter 382
133
41-12a-805, as last amended by Laws of Utah 2008, Chapters 166 and 382
134
41-22-33, as last amended by Laws of Utah 2008, Chapter 94
135
41-22-36, as last amended by Laws of Utah 2008, Chapter 382
136
42-2-10, as last amended by Laws of Utah 2008, Chapter 382
137
42-3-2, as last amended by Laws of Utah 2008, Chapter 382
138
42-3-4, as last amended by Laws of Utah 2008, Chapter 382
139
46-1-3, as last amended by Laws of Utah 2008, Chapter 382
140
48-1-42, as last amended by Laws of Utah 2008, Chapters 364 and 382
141
48-2a-206, as last amended by Laws of Utah 2008, Chapter 382
142
48-2a-1107, as last amended by Laws of Utah 2008, Chapter 382
143
48-2c-214, as last amended by Laws of Utah 2008, Chapter 382
144
51-9-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
145
53-1-106, as last amended by Laws of Utah 2008, Chapters 339 and 382
146
53-1-110, as last amended by Laws of Utah 2008, Chapter 382
147
53-2-403, as last amended by Laws of Utah 2008, Chapters 216, 250, and 382
148
53-2-404, as last amended by Laws of Utah 2008, Chapter 382
149
53-3-106, as last amended by Laws of Utah 2008, Chapters 304 and 382
150
53-3-109, as last amended by Laws of Utah 2008, Chapters 376 and 382
151
53-3-303.5, as last amended by Laws of Utah 2008, Chapter 382
152
53-3-506, as last amended by Laws of Utah 2008, Chapter 382
153
53-7-204.2, as last amended by Laws of Utah 2008, Chapter 382
154
53-7-216, as last amended by Laws of Utah 2008, Chapter 382
155
53-7-225.5, as last amended by Laws of Utah 2008, Chapter 382
156
53-7-225.6, as last amended by Laws of Utah 2008, Chapter 382
157
53-7-314, as last amended by Laws of Utah 2008, Chapter 382
158
53-8-204, as last amended by Laws of Utah 2008, Chapter 382
159
53-10-108, as last amended by Laws of Utah 2008, Chapters 3 and 382
160
53A-6-105, as last amended by Laws of Utah 2008, Chapter 382
161
53A-17a-105, as last amended by Laws of Utah 2008, Chapter 382
162
53A-26a-302, as last amended by Laws of Utah 2008, Chapter 382
163
54-5-1.5, as last amended by Laws of Utah 2008, Chapter 382
164
58-1-308, as last amended by Laws of Utah 2008, Chapter 382
165
58-3a-103, as last amended by Laws of Utah 2008, Chapter 382
166
58-3a-302, as last amended by Laws of Utah 2008, Chapter 382
167
58-5a-302, as last amended by Laws of Utah 2008, Chapter 382
168
58-9-302, as last amended by Laws of Utah 2008, Chapter 382
169
58-11a-302, as last amended by Laws of Utah 2008, Chapter 382
170
58-15-4, as last amended by Laws of Utah 2008, Chapter 382
171
58-16a-302, as last amended by Laws of Utah 2008, Chapter 382
172
58-17b-303, as last amended by Laws of Utah 2008, Chapter 382
173
58-17b-304, as last amended by Laws of Utah 2008, Chapter 382
174
58-17b-305, as last amended by Laws of Utah 2008, Chapter 382
175
58-17b-306, as last amended by Laws of Utah 2008, Chapter 382
176
58-20a-302, as last amended by Laws of Utah 2008, Chapter 382
177
58-22-103, as last amended by Laws of Utah 2008, Chapter 382
178
58-22-302, as last amended by Laws of Utah 2008, Chapters 277 and 382
179
58-26a-302, as last amended by Laws of Utah 2008, Chapters 265 and 382
180
58-26a-306, as last amended by Laws of Utah 2008, Chapter 382
181
58-26a-307, as last amended by Laws of Utah 2008, Chapter 382
182
58-28-302, as last amended by Laws of Utah 2008, Chapter 382
183
58-31b-302, as last amended by Laws of Utah 2008, Chapter 382
184
58-31b-304, as last amended by Laws of Utah 2008, Chapter 382
185
58-31b-305, as last amended by Laws of Utah 2008, Chapter 382
186
58-37-6, as last amended by Laws of Utah 2008, Chapters 3 and 382
187
58-39a-5, as last amended by Laws of Utah 2008, Chapter 382
188
58-40a-302, as last amended by Laws of Utah 2008, Chapter 382
189
58-41-5, as last amended by Laws of Utah 2008, Chapter 382
190
58-41-13, as last amended by Laws of Utah 2008, Chapter 382
191
58-42a-302, as last amended by Laws of Utah 2008, Chapter 382
192
58-44a-302, as last amended by Laws of Utah 2008, Chapter 382
193
58-46a-302, as last amended by Laws of Utah 2008, Chapter 382
194
58-47b-302, as last amended by Laws of Utah 2008, Chapter 382
195
58-53-103, as last amended by Laws of Utah 2008, Chapter 382
196
58-53-302, as last amended by Laws of Utah 2008, Chapter 382
197
58-54-5, as last amended by Laws of Utah 2008, Chapter 382
198
58-55-103, as last amended by Laws of Utah 2008, Chapter 382
199
58-55-302, as last amended by Laws of Utah 2008, Chapters 215 and 382
200
58-56-16, as last amended by Laws of Utah 2008, Chapter 382
201
58-57-4, as last amended by Laws of Utah 2008, Chapter 382
202
58-60-115, as last amended by Laws of Utah 2008, Chapter 382
203
58-60-117, as last amended by Laws of Utah 2008, Chapter 382
204
58-60-205, as last amended by Laws of Utah 2008, Chapter 382
205
58-60-305, as last amended by Laws of Utah 2008, Chapter 382
206
58-60-305.5, as enacted by Laws of Utah 2000, Chapter 159
207
58-60-308, as enacted by Laws of Utah 2001, Chapter 281
208
58-60-405, as last amended by Laws of Utah 2008, Chapter 382
209
58-60-407, as enacted by Laws of Utah 2001, Chapter 281
210
58-60-506, as last amended by Laws of Utah 2008, Chapter 382
211
58-61-304, as last amended by Laws of Utah 2008, Chapter 382
212
58-63-302, as last amended by Laws of Utah 2008, Chapters 246 and 382
213
58-64-302, as last amended by Laws of Utah 2008, Chapters 211 and 382
214
58-67-302, as last amended by Laws of Utah 2008, Chapter 382
215
58-68-302, as last amended by Laws of Utah 2008, Chapter 382
216
58-69-302, as last amended by Laws of Utah 2008, Chapters 269 and 382
217
58-70a-302, as last amended by Laws of Utah 2008, Chapter 382
218
58-71-302, as last amended by Laws of Utah 2008, Chapters 238 and 382
219
58-72-302, as last amended by Laws of Utah 2008, Chapter 382
220
58-73-302, as last amended by Laws of Utah 2008, Chapter 382
221
58-74-302, as last amended by Laws of Utah 2008, Chapter 382
222
58-75-302, as last amended by Laws of Utah 2008, Chapter 382
223
58-76-103, as last amended by Laws of Utah 2008, Chapter 382
224
58-76-302, as last amended by Laws of Utah 2008, Chapter 382
225
58-77-302, as last amended by Laws of Utah 2008, Chapter 382
226
59-1-305, as last amended by Laws of Utah 2008, Chapter 382
227
59-19-105, as last amended by Laws of Utah 2008, Chapter 382
228
61-1-18.4, as last amended by Laws of Utah 2008, Chapter 382
229
61-2-7.1, as last amended by Laws of Utah 2008, Chapter 382
230
61-2-9, as last amended by Laws of Utah 2008, Chapter 382
231
61-2b-6, as last amended by Laws of Utah 2008, Chapters 382 and 387
232
61-2b-18, as last amended by Laws of Utah 2008, Chapters 382 and 387
233
61-2b-37, as last amended by Laws of Utah 2008, Chapter 382
234
61-2c-103, as last amended by Laws of Utah 2008, Chapters 158 and 382
235
61-2c-201, as last amended by Laws of Utah 2008, Chapter 382
236
61-2c-202, as last amended by Laws of Utah 2008, Chapters 382 and 387
237
61-2c-205, as last amended by Laws of Utah 2008, Chapter 382
238
61-2c-206, as last amended by Laws of Utah 2008, Chapters 382 and 387
239
61-2c-208, as last amended by Laws of Utah 2008, Chapter 382
240
62A-2-105, as last amended by Laws of Utah 2008, Chapter 382
241
62A-14-106, as last amended by Laws of Utah 2008, Chapter 382
242
63A-1-114, as last amended by Laws of Utah 2008, Chapter 382
243
63A-2-103, as last amended by Laws of Utah 2008, Chapter 382
244
63A-4-102, as last amended by Laws of Utah 2008, Chapter 382
245
63A-5-104, as last amended by Laws of Utah 2008, Second Special Session, Chapter 3
246
63A-5-204, as last amended by Laws of Utah 2008, Chapter 382
247
63A-8-201, as last amended by Laws of Utah 2008, Chapters 3 and 382
248
63A-9-401, as last amended by Laws of Utah 2008, Chapter 382
249
63C-11-308, as last amended by Laws of Utah 2008, Chapter 382
250
63C-11-315, as last amended by Laws of Utah 2008, Chapter 382
251
63C-11-318, as last amended by Laws of Utah 2008, Chapter 382
252
63F-1-103, as last amended by Laws of Utah 2008, Chapter 382
253
63F-1-301, as last amended by Laws of Utah 2008, Chapter 382
254
63F-1-302, as last amended by Laws of Utah 2008, Chapter 382
255
63G-2-203, as renumbered and amended by Laws of Utah 2008, Chapter 382
256
63G-9-301, as renumbered and amended by Laws of Utah 2008, Chapter 382
257
63J-1-201, as last amended by Laws of Utah 2008, Chapter 213 and renumbered and
258
amended by Laws of Utah 2008, Chapter 382
259
63J-2-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
260
63J-3-103, as last amended by Laws of Utah 2008, Chapters 191, 250 and renumbered
261
and amended by Laws of Utah 2008, Chapter 382
262
63J-4-301, as renumbered and amended by Laws of Utah 2008, Chapter 382
263
63M-1-905, as renumbered and amended by Laws of Utah 2008, Chapter 382
264
63M-1-1104, as renumbered and amended by Laws of Utah 2008, Chapter 382
265
63M-1-2408, as enacted by Laws of Utah 2008, Chapter 372
266
63M-1-2612, as enacted by Laws of Utah 2008, Chapter 352
267
67-1a-2.5, as last amended by Laws of Utah 2008, Chapter 382
268
67-19-5, as last amended by Laws of Utah 2008, Chapter 382
269
67-19-11, as last amended by Laws of Utah 2008, Chapter 382
270
70-3a-203, as last amended by Laws of Utah 2008, Chapters 258 and 382
271
72-6-205, as last amended by Laws of Utah 2008, Chapter 382
272
72-7-507, as last amended by Laws of Utah 2008, Chapter 382
273
72-9-602, as last amended by Laws of Utah 2008, Chapter 382
274
72-10-116, as last amended by Laws of Utah 2008, Chapters 206 and 382
275
72-11-208, as last amended by Laws of Utah 2008, Chapter 382
276
73-2-14, as last amended by Laws of Utah 2008, Chapters 380, 382, and 399
277
73-3b-201, as last amended by Laws of Utah 2008, Chapter 382
278
73-3b-204, as last amended by Laws of Utah 2008, Chapter 382
279
73-3b-302, as last amended by Laws of Utah 2008, Chapter 382
280
73-10c-10, as last amended by Laws of Utah 2008, Chapter 382
281
73-18-4, as last amended by Laws of Utah 2008, Chapters 94 and 382
282
73-18-7, as last amended by Laws of Utah 2008, Chapter 382
283
73-18-15.2, as last amended by Laws of Utah 2008, Chapter 94
284
73-18-25, as last amended by Laws of Utah 2008, Chapter 382
285
73-28-404, as last amended by Laws of Utah 2008, Chapter 382
286
76-10-526, as last amended by Laws of Utah 2008, Chapters 322 and 382
287
76-10-1209, as last amended by Laws of Utah 2008, Chapter 382
288
77-18-11, as last amended by Laws of Utah 2008, Chapters 303 and 382
289
ENACTS:
290
63J-1-102, Utah Code Annotated 1953
291
63J-1-216, Utah Code Annotated 1953
292
RENUMBERS AND AMENDS:
293
63J-1-104, (Renumbered from 63J-1-404, as renumbered and amended by Laws of
294
Utah 2008, Chapter 382)
295
63J-1-206, (Renumbered from 63J-1-301, as renumbered and amended by Laws of
296
Utah 2008, Chapter 382)
297
63J-1-207, (Renumbered from 63J-1-408, as renumbered and amended by Laws of
298
Utah 2008, Chapter 382)
299
63J-1-208, (Renumbered from 63J-1-409, as renumbered and amended by Laws of
300
Utah 2008, Chapter 382)
301
63J-1-209, (Renumbered from 63J-1-406, as renumbered and amended by Laws of
302
Utah 2008, Chapter 382)
303
63J-1-210, (Renumbered from 63J-1-302, as renumbered and amended by Laws of
304
Utah 2008, Chapter 382)
305
63J-1-211, (Renumbered from 63J-1-307, as renumbered and amended by Laws of
306
Utah 2008, Chapter 382)
307
63J-1-212, (Renumbered from 63J-1-308, as renumbered and amended by Laws of
308
Utah 2008, Chapter 382)
309
63J-1-213, (Renumbered from 63J-1-309, as renumbered and amended by Laws of
310
Utah 2008, Chapter 382)
311
63J-1-214, (Renumbered from 63J-1-310, as renumbered and amended by Laws of
312
Utah 2008, Chapter 382)
313
63J-1-215, (Renumbered from 63J-1-311, as renumbered and amended by Laws of
314
Utah 2008, Chapter 382)
315
63J-1-217, (Renumbered from 63J-1-405, as renumbered and amended by Laws of
316
Utah 2008, Chapter 382)
317
63J-1-218, (Renumbered from 63J-1-407, as renumbered and amended by Laws of
318
Utah 2008, Chapter 382)
319
63J-1-312, (Renumbered from 63J-1-202, as last amended by Laws of Utah 2008,
320
Second Special Session, Chapter 8)
321
63J-1-313, (Renumbered from 63J-1-203, as last amended by Laws of Utah 2008,
322
Second Special Session, Chapter 8)
323
63J-1-314, (Renumbered from 63J-1-204, as last amended by Laws of Utah 2008,
324
Chapter 138 and renumbered and amended by Laws of Utah 2008, Chapter 382)
325
63J-1-410, (Renumbered from 63J-1-306, as renumbered and amended by Laws of
326
Utah 2008, Chapter 382)
327
63J-1-411, (Renumbered from 63J-1-403, as renumbered and amended by Laws of
328
Utah 2008, Chapter 382)
329
63J-1-504, (Renumbered from 63J-1-303, as renumbered and amended by Laws of
330
Utah 2008, Chapter 382)
331
63J-1-505, (Renumbered from 63J-1-304, as renumbered and amended by Laws of
332
Utah 2008, Chapter 382)
333
63J-1-506, (Renumbered from 63J-1-305, as renumbered and amended by Laws of
334
Utah 2008, Chapter 382)
335
63J-1-601, (Renumbered from 63J-1-401, as renumbered and amended by Laws of
336
Utah 2008, Chapter 382)
337
63J-1-603, (Renumbered from 63J-1-402, as renumbered and amended by Laws of
338
Utah 2008, Chapter 382)
339
63J-1-701, (Renumbered from 63J-1-501, as renumbered and amended by Laws of
340
Utah 2008, Chapter 382)
341
63J-1-702, (Renumbered from 63J-1-502, as renumbered and amended by Laws of
342
Utah 2008, Chapter 382)
343
63J-1-703, (Renumbered from 63J-1-503, as renumbered and amended by Laws of
344
Utah 2008, Chapter 382)
345
346
Be it enacted by the Legislature of the state of Utah:
347
Section 1.
Section
3-1-6
is amended to read:
348
3-1-6. Filing articles of incorporation -- Certificate of incorporation -- Fees --
349
Constructive notice.
350
(1) The articles of incorporation shall be filed with the Division of Corporations and
351
Commercial Code, which shall thereupon issue a certificate of incorporation. This certificate
352
or a certified copy of the same shall be prima facie evidence of the due incorporation of the
353
association. Upon the issuance of such certificate of incorporation, the corporate existence
354
begins.
355
(2) The Division of Corporations and Commercial Code shall establish a fee pursuant
356
to Section [
63J-1-303
]
63J-1-504
for filing articles of incorporation with the division, for
357
securing a certified copy of the articles, for the issuance of a certificate of incorporation, and
358
for filing amendments to the articles, whether incorporated with or without stock.
359
(3) No person dealing with the association may be charged with constructive notice of
360
the contents of the articles or amendments thereto by reason of such filing or recording.
361
Section 2.
Section
3-1-36
is amended to read:
362
3-1-36. Articles of merger or consolidation -- Execution, contents, and filing of
363
articles -- Issuance of certificate of merger or consolidation -- Fees.
364
(1) Upon approval, articles of merger or consolidation shall be signed in duplicate by
365
each party to the merger or consolidation by its president or a vice president and by its secretary
366
or an assistant secretary and verified by one of the officers of each association and corporation
367
signing the articles.
368
(2) The articles shall set forth:
369
(a) the plan of merger or consolidation;
370
(b) a statement:
371
(i) of the date of the meeting at which the plan of merger or consolidation was
372
considered and voted upon;
373
(ii) that a quorum was present at the meeting; and
374
(iii) that notice of the meeting was given to all members and shareholders entitled to
375
notice;
376
(c) the number of members entitled to vote and the number of shares outstanding
377
entitled to vote; and
378
(d) the number of members who voted for and against the plan, respectively, and the
379
number of shares voted for and against the plan, respectively.
380
(3) (a) Duplicate originals of the articles of merger or consolidation shall be delivered
381
to the Division of Corporations and Commercial Code and the fee established under Section
382
[
63J-1-303
]
63J-1-504
shall be paid.
383
(b) If the Division of Corporations and Commercial Code finds that the articles
384
conform to law, it shall, after the fees have been paid:
385
(i) endorse on each of the duplicate originals the word "filed" and the month, day, and
386
year of the filing;
387
(ii) file one of the duplicate originals in its office; and
388
(iii) issue a certificate of merger or consolidation, attach the other duplicate original,
389
and return the certificate to the surviving or new corporation, or its representative.
390
Section 3.
Section
4-2-2
is amended to read:
391
4-2-2. Functions, powers, and duties of department -- Fees for services --
392
Marketing orders -- Procedure.
393
(1) The department shall:
394
(a) inquire into and promote the interests and products of agriculture and its allied
395
industries;
396
(b) promote methods for increasing the production and facilitating the distribution of
397
the agricultural products of the state;
398
(c) (i) inquire into the cause of contagious, infectious, and communicable diseases
399
among livestock and the means for their prevention and cure; and
400
(ii) initiate, implement, and administer plans and programs to prevent the spread of
401
diseases among livestock;
402
(d) encourage experiments designed to determine the best means and methods for the
403
control of diseases among domestic and wild animals;
404
(e) issue marketing orders for any designated agricultural product to:
405
(i) promote orderly market conditions for any product;
406
(ii) give the producer a fair return on the producer's investment at the marketplace; and
407
(iii) only promote and not restrict or restrain the marketing of Utah agricultural
408
commodities;
409
(f) administer and enforce all laws assigned to the department by the Legislature;
410
(g) establish standards and grades for agricultural products and fix and collect
411
reasonable fees for services performed by the department in conjunction with the grading of
412
agricultural products;
413
(h) establish operational standards for any establishment that manufactures, processes,
414
produces, distributes, stores, sells, or offers for sale any agricultural product;
415
(i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
416
rules necessary for the effective administration of the agricultural laws of the state;
417
(j) when necessary, make investigations, subpoena witnesses and records, conduct
418
hearings, issue orders, and make recommendations concerning all matters related to
419
agriculture;
420
(k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
421
private or public place that may become infested or infected with harmful insects, plant
422
diseases, noxious or poisonous weeds, or other agricultural pests;
423
(ii) establish and enforce quarantines;
424
(iii) issue and enforce orders and rules for the control and eradication of pests,
425
wherever they may exist within the state; and
426
(iv) perform other duties relating to plants and plant products considered advisable and
427
not contrary to law;
428
(l) inspect apiaries for diseases inimical to bees and beekeeping;
429
(m) take charge of any agricultural exhibit within the state, if considered necessary by
430
the department, and award premiums at that exhibit;
431
(n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
432
Conservation Commission Act, and administer and disburse any funds available to assist
433
conservation districts in the state in the conservation of the state's soil and water resources; and
434
(o) perform any additional functions, powers, and duties provided by law.
435
(2) The department, by following the procedures and requirements of Section
436
[
63J-1-303
]
63J-1-504
, may adopt a schedule of fees assessed for services provided by the
437
department.
438
(3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
439
(i) the department gives notice of the proposed order to the producers and handlers of
440
the affected product;
441
(ii) the commissioner conducts a hearing on the proposed order; and
442
(iii) at least 50% of the registered producers and handlers of the affected products vote
443
in favor of the proposed order.
444
(b) (i) The department may establish boards of control to administer marketing orders
445
and the proceeds derived from any order.
446
(ii) The board of control shall:
447
(A) ensure that all proceeds are placed in an account in the board of control's name in a
448
depository institution; and
449
(B) ensure that the account is annually audited by an accountant approved by the
450
commissioner.
451
(4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
452
deposited in the General Fund as nonlapsing dedicated credits for the grain grading program.
453
Section 4.
Section
4-3-14
is amended to read:
454
4-3-14. Sale of raw milk -- Suspension of producer's permit -- Severability not
455
permitted.
456
(1) As used in this section:
457
(a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.
458
(b) "Self-owned retail store" means a retail store:
459
(i) of which the producer owns at least 51% of the value of the real property and
460
tangible personal property used in the operations of the retail store; or
461
(ii) for which the producer has the power to vote at least 51% of any class of voting
462
shares or ownership interest in the business entity that operates the retail store.
463
(2) Raw milk may be sold if:
464
(a) the producer obtains a permit from the department to produce milk under
465
Subsection 4-3-8(5);
466
(b) the sale and delivery of the milk is made upon the premises where the milk is
467
produced, except as provided by Subsection (3);
468
(c) it is sold to consumers for household use and not for resale;
469
(d) it is bottled or packaged under sanitary conditions and in sanitary containers on the
470
premises where the milk is produced;
471
(e) it is labeled "raw milk" and meets the labeling requirements under 21 C.F.R. Parts
472
101 and 131 and rules established by the department;
473
(f) it is:
474
(i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
475
drawn from the animal;
476
(ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
477
animal; and
478
(iii) maintained at 41 degrees Fahrenheit or a lower temperature until it is delivered to
479
the consumer;
480
(g) the bacterial count of the milk does not exceed 20,000 colony forming units per
481
milliliter;
482
(h) the bacterial plate count and the coliform count of the milk meet the bacterial and
483
coliform enforcement standards for grade A pasteurized milk;
484
(i) the production of the milk conforms to departmental rules for the production of
485
grade A milk;
486
(j) all dairy animals on the premises are:
487
(i) permanently and individually identifiable; and
488
(ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
489
(k) any person on the premises performing any work in connection with the production,
490
bottling, handling, or sale of the milk is free from communicable disease.
491
(3) A producer may sell raw whole milk at a self-owned retail store, which is properly
492
staffed, if, in addition to the requirements of Subsection (2), the producer:
493
(a) transports the milk from the premises where the milk is produced to the self-owned
494
retail store in a refrigerated truck where the milk is maintained at 41 degrees Fahrenheit or a
495
lower temperature;
496
(b) retains ownership of the milk until it is sold to the final consumer, including
497
transporting the milk from the premises where the milk is produced to the self-owned retail
498
store without any:
499
(i) intervening storage;
500
(ii) change of ownership; or
501
(iii) loss of physical control;
502
(c) stores the milk at 41 degrees Fahrenheit or a lower temperature in a display case
503
equipped with a properly calibrated thermometer at the self-owned retail store;
504
(d) places a sign above the display case at the self-owned retail store that reads, "Raw
505
Unpasteurized Milk";
506
(e) labels the milk with:
507
(i) a date, no more than nine days after the milk is produced, by which the milk should
508
be sold;
509
(ii) the statement "Raw milk, no matter how carefully produced, may be unsafe.";
510
(iii) handling instructions to preserve quality and avoid contamination or spoilage; and
511
(iv) any other information required by rule;
512
(f) refrains from offering the milk for sale until:
513
(i) each batch of milk is tested for standard plate count and coliform count from an
514
official sample taken at the self-owned retail store and tested by a third party certified by the
515
department; and
516
(ii) the test results meet the minimum standards established for those tests;
517
(g) (i) maintains a database of the milk sales; and
518
(ii) makes the database available to the Department of Health during the self-owned
519
retail store's business hours for purposes of epidemiological investigation;
520
(h) refrains from offering any pasteurized milk at the self-owned retail store;
521
(i) ensures that the plant and retail store complies with Title 4, Chapter 5, Utah
522
Wholesome Food Act, and the rules governing food establishments enacted under Section
523
4-5-9;
524
(j) participates in a hazard analysis critical control point system as established by the
525
United States Food and Drug Administration;
526
(k) conducts monthly tests on a sample taken from a batch of milk for:
527
(i) Listeria monocytogenes;
528
(ii) Salmonella typhimurium;
529
(iii) Salmonella dublin;
530
(iv) Campylobacter jejuni; and
531
(v) E. Coli 0157:H7; and
532
(l) complies with all applicable rules adopted as authorized by this chapter.
533
(4) The person conducting the tests required by Subsection (3) shall send a copy of the
534
test results to the department as soon as the test results are available.
535
(5) (a) The department shall adopt rules, as authorized by Section 4-3-2, governing the
536
sale of raw whole milk at a self-owned retail store.
537
(b) The rules adopted by the department shall include rules regarding:
538
(i) permits;
539
(ii) building and premises requirements;
540
(iii) sanitation and operating requirements, including bulk milk tanks requirements;
541
(iv) additional tests, including a test for pathogens;
542
(v) frequency of inspections, including random cooler checks;
543
(vi) recordkeeping; and
544
(vii) packaging and labeling.
545
(c) (i) The department shall establish a fee for the tests and inspections required by this
546
section and by rule by following the procedures and requirements of Section [
63J-1-303
]
547
63J-1-504
.
548
(ii) Notwithstanding Section [
63J-1-303
]
63J-1-504
, the department shall retain the
549
fees as dedicated credits and may only use the fees to administer and enforce this section.
550
(6) (a) The department shall suspend a permit issued under Section
4-3-8
if a producer
551
violates any provision of this section or any rules adopted as authorized by this section.
552
(b) The department may reissue a permit that has been suspended under Subsection
553
(6)(a) if the producer has complied with all of the requirements of this section and rules
554
adopted as authorized by this section.
555
(7) For 2008 and 2009, the Department of Health and the Department of Agriculture
556
and Food shall report on or before November 30th to the Natural Resources, Agriculture, and
557
Environment Interim Committee and the Health and Human Services Interim Committee on
558
any health problems resulting from the sale of raw whole milk at self-owned retail stores.
559
(8) (a) If any subsection of this section or the application of any subsection to any
560
person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
561
the remainder of the section may not be given effect without the invalid subsection or
562
application.
563
(b) The provisions of this section may not be severed.
564
Section 5.
Section
4-14-3
is amended to read:
565
4-14-3. Registration required for distribution -- Application -- Fees -- Renewal --
566
Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
567
(1) (a) No person may distribute a pesticide in this state that is not registered with the
568
department.
569
(b) Application for registration shall be made to the department upon forms prescribed
570
and furnished by it accompanied with an annual registration fee determined by the department
571
pursuant to Subsection
4-2-2
(2) for each pesticide registered.
572
(c) Upon receipt by the department of a proper application and payment of the
573
appropriate fee, the commissioner shall issue a registration to the applicant allowing
574
distribution of the registered pesticide in this state through June 30 of each year, subject to
575
suspension or revocation for cause.
576
(d) (i) Each registration is renewable for a period of one year upon the payment of an
577
annual registration renewal fee in an amount equal to the current applicable original
578
registration fee.
579
(ii) Each renewal fee shall be paid on or before June 30 of each year.
580
(2) The application shall include the following information:
581
(a) the name and address of the applicant and the name and address of the person
582
whose name will appear on the label, if other than the applicant's name;
583
(b) the name of the pesticide;
584
(c) a complete copy of the label which will appear on the pesticide; and
585
(d) any information prescribed by rule of the department considered necessary for the
586
safe and effective use of the pesticide.
587
(3) (a) Forms for the renewal of registration shall be mailed to registrants at least 30
588
days before their registration expires.
589
(b) A registration in effect on June 30 for which a renewal application has been filed
590
and the registration fee tendered shall continue in effect until the applicant is notified either
591
that the registration is renewed or that it is suspended or revoked pursuant to Section
4-14-8
.
592
(4) The department may, before approval of any registration, require the applicant to
593
submit the complete formula of any pesticide including active and inert ingredients and may
594
also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
595
which restrictions are being considered, require a complete description of all tests and test
596
results that support the claims made by the applicant or the manufacturer of the pesticide.
597
(5) A registrant who desires to register a pesticide to meet special local needs
598
according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and
599
(2), satisfy the department that:
600
(a) a special local need exists;
601
(b) the pesticide warrants the claims made for it;
602
(c) the pesticide, if used in accordance with commonly accepted practices, will not
603
cause unreasonable adverse effects on the environment; and
604
(d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
605
(6) No registration is required for a pesticide distributed in this state pursuant to an
606
experimental use permit issued by the EPA or under Section
4-14-5
.
607
(7) No pesticide dealer may distribute a restricted use pesticide in this state without a
608
license.
609
(8) A person must receive a license before applying:
610
(a) a restricted use pesticide; or
611
(b) a general use pesticide for hire or in exchange for compensation.
612
(9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained
613
by:
614
(i) submitting an application on a form provided by the department;
615
(ii) paying the license fee determined by the department according to Subsection
616
4-2-2
(2); and
617
(iii) complying with the rules adopted as authorized by this chapter.
618
(b) A person may apply for a license that expires on December 31:
619
(i) of the calendar year in which the license is issued; or
620
(ii) of the second calendar year after the calendar year in which the license is issued.
621
(c) (i) Notwithstanding Section [
63J-1-303
]
63J-1-504
, the department shall retain the
622
fees as dedicated credits and may only use the fees to administer and enforce this chapter.
623
(ii) The Legislature may annually designate the revenue generated from the fee as
624
nonlapsing in an appropriations act.
625
Section 6.
Section
4-14-13
is amended to read:
626
4-14-13. Registration required for a pesticide business.
627
(1) A pesticide applicator business shall register with the department by:
628
(a) submitting an application on a form provided by the department;
629
(b) paying the registration fee; and
630
(c) certifying that the business is in compliance with this chapter and departmental
631
rules authorized by this chapter.
632
(2) (a) By following the procedures and requirements of Section [
63J-1-303
]
633
63J-1-504
, the department shall establish a registration fee based on the number of pesticide
634
applicators employed by the pesticide applicator business.
635
(b) (i) Notwithstanding Section [
63J-1-303
]
63J-1-504
, the department shall retain the
636
fees as dedicated credits and may only use the fees to administer and enforce this chapter.
637
(ii) The Legislature may annually designate the revenue generated from the fee as
638
nonlapsing in an appropriations act.
639
(3) (a) The department shall issue a pesticide applicator business a registration
640
certificate if the pesticide applicator business:
641
(i) has complied with the requirements of this section; and
642
(ii) meets the qualifications established by rule.
643
(b) The department shall notify the pesticide applicator business in writing that the
644
registration is denied if the pesticide applicator business does not meet the registration
645
qualifications.
646
(4) A registration certificate expires on December 31 of the second calendar year after
647
the calendar year in which the registration certificate is issued.
648
(5) (a) The department may suspend a registration certificate if the pesticide applicator
649
business violates this chapter or any rules authorized by it.
650
(b) A pesticide applicator business whose registration certificate has been suspended
651
may apply to the department for reinstatement of the registration certificate by demonstrating
652
compliance with this chapter and rules authorized by it.
653
(6) A pesticide applicator business shall:
654
(a) only employ a pesticide applicator who has received a license from the department,
655
as required by Section
4-14-3
; and
656
(b) ensure that all employees comply with this chapter and the rules authorized by it.
657
Section 7.
Section
4-37-201
is amended to read:
658
4-37-201. Certificate of registration required to operate an aquaculture facility.
659
(1) A person may not operate an aquaculture facility without first obtaining a certificate
660
of registration from the department.
661
(2) (a) Each application for a certificate of registration to operate an aquaculture
662
facility shall be accompanied by a fee.
663
(b) The fee shall be established by the department in accordance with Section
664
[
63J-1-303
]
63J-1-504
.
665
(3) The department shall coordinate with the Division of Wildlife Resources:
666
(a) on the suitability of the proposed site relative to potential impacts on adjacent
667
aquatic wildlife populations; and
668
(b) in determining which species the holder of the certificate of registration may
669
propagate, possess, transport, or sell.
670
(4) The department shall list on the certificate of registration the species which the
671
holder may propagate, possess, transport, or sell.
672
Section 8.
Section
4-37-301
is amended to read:
673
4-37-301. Certificate of registration required to operate a fee fishing facility.
674
(1) A person may not operate a fee fishing facility without first obtaining a certificate
675
of registration from the department.
676
(2) (a) Each application for a certificate of registration to operate a fee fishing facility
677
shall be accompanied by a fee.
678
(b) The fee shall be established by the department in accordance with Section
679
[
63J-1-303
]
63J-1-504
.
680
(3) The department shall coordinate with the Division of Wildlife Resources:
681
(a) on the suitability of the proposed site relative to potential impacts on adjacent
682
aquatic wildlife populations; and
683
(b) in determining which species the holder of the certificate of registration may
684
possess or transport to or stock into the facility.
685
(4) The department shall list on the certificate of registration the species which the
686
holder may possess or transport to or stock into the facility.
687
(5) A person holding a certificate of registration for an aquaculture facility may also
688
operate a fee fishing facility without obtaining an additional certificate of registration, if the fee
689
fishing facility:
690
(a) is in a body of water meeting the criteria of Section
4-37-111
which is connected
691
with the aquaculture facility;
692
(b) contains only those aquatic animals specified on the certificate of registration for
693
the aquaculture facility; and
694
(c) is designated on the certificate of registration for the aquaculture facility.
695
Section 9.
Section
4-39-203
is amended to read:
696
4-39-203. License required to operate a domesticated elk facility.
697
(1) A person may not operate a domesticated elk facility without first obtaining a
698
license from the department.
699
(2) (a) Each application for a license to operate a domesticated elk facility shall be
700
accompanied by a fee.
701
(b) The fee shall be established by the department in accordance with Section
702
[
63J-1-303
]
63J-1-504
.
703
(3) Each applicant for a domesticated elk facility license shall submit an application
704
providing all information in the form and manner as required by the department.
705
(4) (a) No license shall be issued until the department has inspected and approved the
706
facility.
707
(b) The department shall:
708
(i) notify the Division of Wildlife Resources at least 48 hours prior to a scheduled
709
inspection so that a Division of Wildlife Resources representative may be present at the
710
inspection; and
711
(ii) provide the Division of Wildlife Resources with copies of all licensing and
712
inspection reports.
713
(5) Each separate location of the domesticated elk operation shall be licensed
714
separately.
715
(6) (a) If a domesticated elk facility is operated under more than one business name
716
from a single location, the name of each operation shall be listed with the department in the
717
form and manner required by the department.
718
(b) The department shall require that a separate fee be paid for each business name
719
listed.
720
(c) If a domesticated elk facility operates under more than one business name from a
721
single location, the facility shall maintain separate records.
722
(7) Each person or business entity with an equity interest in the domesticated elk shall
723
be listed on the application for license.
724
(8) Each domesticated elk facility license shall expire on July 1 in the year following
725
the year of issuance.
726
(9) Each licensee shall report to the department, in the form and manner required by
727
the department, any change in the information provided in the licensee's application or in the
728
reports previously submitted, within 15 days of each change.
729
(10) Licenses issued pursuant to this section are not transferable.
730
Section 10.
Section
12-1-10
is amended to read:
731
12-1-10. Applications -- Fees.
732
(1) Each application for registration under this chapter shall be made on a form
733
provided by the Division of Corporations and Commercial Code.
734
(2) Each applicant shall pay to the Division of Corporations and Commercial Code an
735
application fee determined under Section [
63J-1-303
]
63J-1-504
.
736
Section 11.
Section
13-1-2
is amended to read:
737
13-1-2. Creation and functions of department -- Divisions created -- Fees.
738
(1) (a) There is created the Department of Commerce.
739
(b) The department shall execute and administer state laws regulating business
740
activities and occupations affecting the public interest.
741
(2) Within the department the following divisions are created:
742
(a) the Division of Occupational and Professional Licensing;
743
(b) the Division of Real Estate;
744
(c) the Division of Securities;
745
(d) the Division of Public Utilities;
746
(e) the Division of Consumer Protection; and
747
(f) the Division of Corporations and Commercial Code.
748
(3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
749
fees assessed for services provided by the department by following the procedures and
750
requirements of Section [
63J-1-303
]
63J-1-504
.
751
(b) The department shall submit each fee established in this manner to the Legislature
752
for its approval as part of the department's annual appropriations request.
753
(c) (i) All fees collected by each division and by the department shall be deposited in a
754
restricted account within the General Fund known as the Commerce Service Fund.
755
(ii) At the end of each fiscal year, the director of the Division of Finance shall transfer
756
into the General Fund any fee collections that are greater than the legislative appropriations
757
from the Commerce Service Fund for that year.
758
(d) The department may not charge or collect any fee nor expend monies from this
759
fund without approval by the Legislature.
760
Section 12.
Section
13-1a-9
is amended to read:
761
13-1a-9. Fees of Division of Corporations and Commercial Code.
762
In addition to the fees prescribed by Title 16, Chapter 6a, Utah Revised Nonprofit
763
Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act, the
764
Division of Corporations and Commercial Code shall receive and determine fees pursuant to
765
Section [
63J-1-303
]
63J-1-504
for filing articles of incorporation or amendments of insurance
766
corporations, of canal or irrigation corporations organized for furnishing water to lands owned
767
by the members thereof exclusively, or of water users' associations organized in conformity
768
with the requirements of the United States under the Reclamation Act of June 17, 1902, and
769
which are authorized to furnish water only to their stockholders. No license fee may be
770
imposed on insurance corporations, canal or irrigation corporations organized for furnishing
771
water to lands owned by the members thereof exclusively, or water users' associations
772
organized in conformity with the requirements of the United States under the Reclamation Act
773
of June 17, 1902, and which are authorized to furnish water only to the stockholders at the time
774
any such corporation files its articles of incorporation, articles of amendment increasing the
775
number of authorized shares, or articles of merger or consolidation, any provision of Title 16,
776
Chapter 10a, Utah Revised Business Corporation Act, to the contrary notwithstanding.
777
Section 13.
Section
13-14-105
is amended to read:
778
13-14-105. Registration -- Fees.
779
(1) A franchisee or franchisor doing business in this state shall:
780
(a) annually register or renew its registration with the department in a manner
781
established by the department; and
782
(b) pay an annual registration fee in an amount determined by the department in
783
accordance with Sections
13-1-2
and [
63J-1-303
]
63J-1-504
.
784
(2) The department shall register or renew the registration of a franchisee or franchisor
785
if the franchisee or franchisor complies with this chapter and rules made by the department
786
under this chapter.
787
(3) A franchisee or franchisor registered under this section shall comply with this
788
chapter and any rules made by the department under this chapter including any amendments to
789
this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.
790
(4) The fee imposed under Subsection (1)(b) shall be collected by the department and
791
deposited into the Commerce Service Fund.
792
(5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of
793
a franchisor does not need to be registered under this section if the franchisor is registered
794
under this section.
795
Section 14.
Section
13-15-4
is amended to read:
796
13-15-4. Information to be filed by seller -- Representations.
797
(1) Any seller of an assisted marketing plan shall file the following information with
798
the division:
799
(a) the name, address, and principal place of business of the seller, and the name,
800
address, and principal place of business of the parent or holding company of the seller, if any,
801
who is responsible for statements made by the seller;
802
(b) all trademarks, trade names, service marks, or advertising or other commercial
803
symbols that identify the products, equipment, supplies, or services to be offered, sold, or
804
distributed by the prospective purchaser;
805
(c) an individual detailed statement covering the past five years of the business
806
experience of each of the seller's current directors and executive officers and an individual
807
statement covering the same period for the seller and the seller's parent company, if any,
808
including the length of time each:
809
(i) has conducted a business of the type advertised or solicited for operation by a
810
prospective purchaser;
811
(ii) has offered or sold the assisted marketing plan; and
812
(iii) has offered for sale or sold assisted marketing plans in other lines of business,
813
together with a description of the other lines of business;
814
(d) a statement of the total amount that must be paid by the purchaser to obtain or
815
commence the business opportunity such as initial fees, deposits, down payments, prepaid rent,
816
and equipment and inventory purchases; provided, that if all or part of these fees or deposits are
817
returnable, the conditions under which they are returnable shall also be disclosed;
818
(e) a complete statement of the actual services the seller will perform for the purchaser;
819
(f) a complete statement of all oral, written, or visual representations that will be made
820
to prospective purchasers about specific levels of potential sales, income, gross and net profits,
821
or any other representations that suggest a specific level;
822
(g) a complete description of the type and length of any training promised to
823
prospective purchasers;
824
(h) a complete description of any services promised to be performed by the seller in
825
connection with the placement of the equipment, products, or supplies at any location from
826
which they will be sold or used; and a complete description of those services together with any
827
agreements that will be made by the seller with the owner or manager of the location where the
828
purchaser's equipment, products, or supplies will be placed;
829
(i) a statement that discloses any person identified in Subsection (1)(a) who:
830
(i) has been convicted of a felony or misdemeanor or pleaded nolo contendere to a
831
felony or misdemeanor charge if the felony or misdemeanor involved fraud, embezzlement,
832
fraudulent conversion, or misappropriation of property;
833
(ii) has been held liable or consented to the entry of a stipulated judgment in any civil
834
action based upon fraud, embezzlement, fraudulent conversion, misappropriation of property,
835
or the use of untrue or misleading representations in the sale or attempted sale of any real or
836
personal property, or upon the use of any unfair, unlawful or deceptive business practice; or
837
(iii) is subject to an injunction or restrictive order relating to business activity as the
838
result of an action brought by a public agency;
839
(j) a financial statement of the seller signed by one of the seller's officers, directors,
840
trustees, or general or limited partners, under a declaration that certifies that to the signatory's
841
knowledge and belief the information in the financial statement is true and accurate; a financial
842
statement that is more than 13 months old is unacceptable;
843
(k) a copy of the entire marketing plan contract;
844
(l) the number of marketing plans sold to date, and the number of plans under
845
negotiation;
846
(m) geographical information including all states in which the seller's assisted
847
marketing plans have been sold, and the number of plans in each such state;
848
(n) the total number of marketing plans that were cancelled by the seller in the past 12
849
months; and
850
(o) the number of marketing plans that were voluntarily terminated by purchasers
851
within the past 12 months and the total number of such voluntary terminations to date.
852
(2) The seller of an assisted marketing plan filing information under Subsection (1)
853
shall pay a fee as determined by the department in accordance with Section [
63J-1-303
]
854
63J-1-504
.
855
(3) Before commencing business in this state, the seller of an assisted marketing plan
856
shall file the information required under Subsection (1) and receive from the division proof of
857
receipt of the filing.
858
(4) A seller of an assisted marketing plan claiming an exemption from filing under this
859
chapter shall file a notice of claim of exemption from filing with the division. A seller
860
claiming an exemption from filing bears the burden of proving the exemption. The division
861
shall collect a fee for filing a notice of claim of exemption, as determined by the department in
862
accordance with Section [
63J-1-303
]
63J-1-504
.
863
(5) A representation described in Subsection (1)(f) shall be relevant to the geographic
864
market in which the business opportunity is to be located. When the statements or
865
representations are made, a warning after the representation in not less than 12 point upper and
866
lower case boldface type shall appear as follows:
867
CAUTION
868
No guarantee of earnings or ranges of earnings can be made. The number of purchasers
869
who have earned through this business an amount in excess of the amount of their initial
870
payment is at least _____ which represents _____% of the total number of purchasers of this
871
business opportunity.
872
Section 15.
Section
13-15-4.5
is amended to read:
873
13-15-4.5. Notice of exemption filing.
874
(1) (a) Any franchise exempt from this chapter pursuant to Subsection
875
13-15-2
(1)(b)(iii) shall, prior to offering for sale or selling a franchise to be located in this state
876
or to a resident of this state, file with the division a notice that the franchisor is in substantial
877
compliance with the requirements of the Federal Trade Commission rule found at Title 16,
878
Chapter I, Subchapter d, Trade Regulation Rules, Part 436, Disclosure Requirements and
879
Prohibitions Concerning Franchising and Business Opportunity Ventures, together with a filing
880
fee determined by the department pursuant to Section [
63J-1-303
]
63J-1-504
, not to exceed
881
$100.
882
(b) The notice shall state:
883
(i) the name of the applicant;
884
(ii) the name of the franchise;
885
(iii) the name under which the applicant intends to or does transact business, if
886
different than the name of the franchise;
887
(iv) the applicant's principal business address; and
888
(v) the applicant's federal employer identification number.
889
(2) (a) The initial exemption granted under this section is for a period of one year from
890
the date of filing the notice.
891
(b) The exemption may be renewed each year for an additional one-year period upon
892
filing a notice for renewal and paying a renewal fee determined pursuant to Section [
63J-1-303
]
893
63J-1-504
, not to exceed $100.
894
(3) The division may make rules to implement this section.
895
Section 16.
Section
13-21-3
is amended to read:
896
13-21-3. Credit services organizations -- Prohibitions.
897
(1) A credit services organization, its salespersons, agents, and representatives, and
898
independent contractors who sell or attempt to sell the services of a credit services organization
899
may not do any of the following:
900
(a) conduct any business regulated by this chapter without first:
901
(i) securing a certificate of registration from the division; and
902
(ii) unless exempted under Section
13-21-4
, posting a bond, letter of credit, or
903
certificate of deposit with the division in the amount of $100,000;
904
(b) make a false statement, or fail to state a material fact, in connection with an
905
application for registration with the division;
906
(c) charge or receive any money or other valuable consideration prior to full and
907
complete performance of the services the credit services organization has agreed to perform for
908
the buyer;
909
(d) dispute or challenge, or assist a person in disputing or challenging an entry in a
910
credit report prepared by a consumer reporting agency without a factual basis for believing and
911
obtaining a written statement for each entry from the person stating that that person believes
912
that the entry contains a material error or omission, outdated information, inaccurate
913
information, or unverifiable information;
914
(e) charge or receive any money or other valuable consideration solely for referral of
915
the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will
916
be extended to the buyer is upon substantially the same terms as those available to the general
917
public;
918
(f) make, or counsel or advise any buyer to make, any statement that is untrue or
919
misleading and that is known, or that by the exercise of reasonable care should be known, to be
920
untrue or misleading, to a credit reporting agency or to any person who has extended credit to a
921
buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's
922
creditworthiness, credit standing, or credit capacity;
923
(g) make or use any untrue or misleading representations in the offer or sale of the
924
services of a credit services organization or engage, directly or indirectly, in any act, practice,
925
or course of business that operates or would operate as fraud or deception upon any person in
926
connection with the offer or sale of the services of a credit services organization; and
927
(h) transact any business as a credit services organization, as defined in Section
928
13-21-2
, without first having registered with the division by paying an annual fee set pursuant
929
to Section [
63J-1-303
]
63J-1-504
and filing proof that it has obtained a bond or letter of credit
930
as required by Subsection [(1)] (2).
931
(2) (a) A bond, letter of credit from a Utah depository, or certificate of deposit posted
932
with the division shall be used to cover the losses of any person arising from a violation of this
933
chapter by the posting credit services organization. A bond, letter of credit, or certificate of
934
deposit may also be used to satisfy administrative fines and civil damages arising from any
935
enforcement action against the posting credit service organization.
936
(b) A bond, letter of credit, or certificate of deposit shall remain in force:
937
(i) until replaced by a bond, letter of credit, or certificate of deposit of identical or
938
superior coverage; or
939
(ii) for one year after the credit servicing organization notifies the division in writing
940
that it has ceased all activities regulated by this chapter.
941
Section 17.
Section
13-22-6
is amended to read:
942
13-22-6. Application for registration.
943
(1) An applicant for registration or renewal of registration as a charitable organization
944
shall:
945
(a) pay an application fee as determined under Section [
63J-1-303
]
63J-1-504
; and
946
(b) submit an application on a form approved by the division which shall include:
947
(i) the organization's name, address, telephone number, facsimile number, if any, and
948
the names and addresses of any organizations or persons controlled by, controlling, or affiliated
949
with the applicant;
950
(ii) the specific legal nature of the organization, that is, whether it is an individual, joint
951
venture, partnership, limited liability company, corporation, association, or other entity;
952
(iii) the names and residence addresses of the officers and directors of the organization;
953
(iv) the name and address of the registered agent for service of process and a consent to
954
service of process;
955
(v) the purpose of the solicitation and use of the contributions to be solicited;
956
(vi) the method by which the solicitation will be conducted and the projected length of
957
time it is to be conducted;
958
(vii) the anticipated expenses of the solicitation, including all commissions, costs of
959
collection, salaries, and any other items;
960
(viii) a statement of what percentage of the contributions collected as a result of the
961
solicitation are projected to remain available for application to the charitable purposes declared
962
in the application, including a satisfactory statement of the factual basis for the projected
963
percentage;
964
(ix) a statement of total contributions collected or received by the organization within
965
the calendar year immediately preceding the date of the application, including a description of
966
the expenditures made from or the use made of the contributions;
967
(x) a copy of any written agreements with any professional fund raiser involved with
968
the solicitation;
969
(xi) disclosure of any injunction, judgment, or administrative order or conviction of
970
any crime involving moral turpitude with respect to any officer, director, manager, operator, or
971
principal of the organization;
972
(xii) a copy of all agreements to which the applicant is, or proposes to be, a party
973
regarding the use of proceeds for the solicitation or fundraising;
974
(xiii) a statement of whether or not the charity, or its parent foundation, will be using
975
the services of a professional fund raiser or of a professional fund raising counsel or consultant;
976
(xiv) if either the charity or its parent foundation will be using the services of a
977
professional fund raiser or a professional fund raising counsel or consultant:
978
(A) a copy of all agreements related to the services; and
979
(B) an acknowledgment that fund raising in the state will not commence until both the
980
charitable organization, its parent foundation, if any, and the professional fund raiser or
981
professional fund raising counsel or consultant are registered and in compliance with this
982
chapter; and
983
(xv) any additional information the division may require by rule.
984
(2) If any information contained in the application for registration becomes incorrect or
985
incomplete, the applicant or registrant shall, within 30 days after the information becomes
986
incorrect or incomplete, correct the application or file the complete information required by the
987
division.
988
(3) In addition to the registration fee, an organization failing to file a registration
989
application or renewal by the due date or filing an incomplete registration application or
990
renewal shall pay an additional fee of $25 for each month or part of a month after the date on
991
which the registration application or renewal were due to be filed.
992
(4) Notwithstanding Subsection (1), the registration fee for a certified local museum
993
under Section
9-6-603
is 65% of the registration fee established under Subsection (1).
994
Section 18.
Section
13-22-8
is amended to read:
995
13-22-8. Exemptions.
996
(1) Section
13-22-5
does not apply to:
997
(a) a solicitation that an organization conducts among its own established and bona fide
998
membership exclusively through the voluntarily donated efforts of other members or officers of
999
the organization;
1000
(b) a bona fide religious, ecclesiastical, or denominational organization if:
1001
(i) the solicitation is made for a church, missionary, religious, or humanitarian purpose;
1002
and
1003
(ii) the organization is either:
1004
(A) a lawfully organized corporation, institution, society, church, or established
1005
physical place of worship, at which nonprofit religious services and activities are regularly
1006
conducted and carried on;
1007
(B) a bona fide religious group:
1008
(I) that does not maintain specific places of worship;
1009
(II) that is not subject to federal income tax; and
1010
(III) not required to file an IRS Form 990 under any circumstance; or
1011
(C) a separate group or corporation that is an integral part of an institution that is an
1012
income tax exempt organization under 26 U.S.C. Sec. 501(c)(3) and is not primarily supported
1013
by funds solicited outside its own membership or congregation;
1014
(c) a solicitation by a broadcast media owned or operated by an educational institution
1015
or governmental entity, or any entity organized solely for the support of that broadcast media;
1016
(d) except as provided in Subsection
13-22-21
(1), a solicitation for the relief of any
1017
person sustaining a life-threatening illness or injury specified by name at the time of
1018
solicitation if the entire amount collected without any deduction is turned over to the named
1019
person;
1020
(e) a political party authorized to transact its affairs within this state and any candidate
1021
and campaign worker of the party if the content and manner of any solicitation make clear that
1022
the solicitation is for the benefit of the political party or candidate;
1023
(f) a political action committee or group soliciting funds relating to issues or candidates
1024
on the ballot if the committee or group is required to file financial information with a federal or
1025
state election commission;
1026
(g) any school accredited by the state, any accredited institution of higher learning, or
1027
club or parent, teacher, or student organization within and authorized by the school in support
1028
of the operations or extracurricular activities of the school;
1029
(h) a public or higher education foundation established under Title 53A or 53B;
1030
(i) a television station, radio station, or newspaper of general circulation that donates
1031
air time or print space for no consideration as part of a cooperative solicitation effort on behalf
1032
of a charitable organization, whether or not that organization is required to register under this
1033
chapter;
1034
(j) a volunteer fire department, rescue squad, or local civil defense organization whose
1035
financial oversight is under the control of a local governmental entity;
1036
(k) any governmental unit of any state or the United States; and
1037
(l) any corporation:
1038
(i) established by an act of the United States Congress; and
1039
(ii) that is required by federal law to submit an annual report:
1040
(A) on the activities of the corporation, including an itemized report of all receipts and
1041
expenditures of the corporation; and
1042
(B) to the United States Secretary of Defense to be:
1043
(I) audited; and
1044
(II) submitted to the United States Congress.
1045
(2) Any organization claiming an exemption under this section bears the burden of
1046
proving its eligibility for, or the applicability of, the exemption claimed.
1047
(3) Each organization exempt from registration pursuant to this section that makes a
1048
material change in its legal status, officers, address, or similar changes shall file a report
1049
informing the division of its current legal status, business address, business phone, officers, and
1050
primary contact person within 30 days of the change.
1051
(4) The division may by rule:
1052
(a) require organizations exempt from registration pursuant to this section to file a
1053
notice of claim of exemption;
1054
(b) prescribe the contents of the notice of claim; and
1055
(c) require a filing fee for the notice, as determined under Section [
63J-1-303
]
1056
63J-1-504
.
1057
Section 19.
Section
13-22-9
is amended to read:
1058
13-22-9. Professional fund raiser's or fund raising counsel's or consultant's
1059
permit.
1060
(1) It is unlawful for any person or entity to act as a professional fund raiser or
1061
professional fund raising counsel or consultant, whether or not representing an organization
1062
exempt from registration under Section
13-22-8
, without first obtaining a permit from the
1063
division by complying with all of the following application requirements:
1064
(a) pay an application fee as determined under Section [
63J-1-303
]
63J-1-504
; and
1065
(b) submit a written application, verified under oath, on a form approved by the
1066
division that includes:
1067
(i) the applicant's name, address, telephone number, facsimile number, if any;
1068
(ii) the name and address of any organization or person controlled by, controlling, or
1069
affiliated with the applicant;
1070
(iii) the applicant's business, occupation, or employment for the three-year period
1071
immediately preceding the date of the application;
1072
(iv) whether it is an individual, joint venture, partnership, limited liability company,
1073
corporation, association, or other entity;
1074
(v) the names and residence addresses of any officer or director of the applicant;
1075
(vi) the name and address of the registered agent for service of process and a consent to
1076
service of process;
1077
(vii) if a professional fund raiser:
1078
(A) the purpose of the solicitation and use of the contributions to be solicited;
1079
(B) the method by which the solicitation will be conducted and the projected length of
1080
time it is to be conducted;
1081
(C) the anticipated expenses of the solicitation, including all commissions, costs of
1082
collection, salaries, and any other items;
1083
(D) a statement of what percentage of the contributions collected as a result of the
1084
solicitation are projected to remain available to the charitable organization declared in the
1085
application, including a satisfactory statement of the factual basis for the projected percentage
1086
and projected anticipated revenues provided to the charitable organization, and if a flat fee is
1087
charged, documentation to support the reasonableness of the flat fee; and
1088
(E) a statement of total contributions collected or received by the professional fund
1089
raiser within the calendar year immediately preceding the date of the application, including a
1090
description of the expenditures made from or the use made of the contributions;
1091
(viii) if a professional fund raising counsel or consultant:
1092
(A) the purpose of the plan, management, advise, counsel or preparation of materials
1093
for, or respect to the solicitation and use of the contributions solicited;
1094
(B) the method by which the plan, management, advise, counsel, or preparation of
1095
materials for, or respect to the solicitation will be organized or coordinated and the projected
1096
length of time of the solicitation;
1097
(C) the anticipated expenses of the plan, management, advise, counsel, or preparation
1098
of materials for, or respect to the solicitation, including all commissions, costs of collection,
1099
salaries, and any other items;
1100
(D) a statement of total fees to be earned or received from the charitable organization
1101
declared in the application, and what percentage of the contributions collected as a result of the
1102
plan, management, advise, counsel, or preparation of materials for, or respect to the solicitation
1103
are projected after deducting the total fees to be earned or received remain available to the
1104
charitable organization declared in the application, including a satisfactory statement of the
1105
factual basis for the projected percentage and projected anticipated revenues provided to the
1106
charitable organization, and if a flat fee is charged, documentation to support the
1107
reasonableness of such flat fee; and
1108
(E) a statement of total net fees earned or received within the calendar year
1109
immediately preceding the date of the application, including a description of the expenditures
1110
made from or the use of the net earned or received fees in the planning, management, advising,
1111
counseling, or preparation of materials for, or respect to the solicitation and use of the
1112
contributions solicited for the charitable organization;
1113
(ix) disclosure of any injunction, judgment, or administrative order against the
1114
applicant or the applicant's conviction of any crime involving moral turpitude;
1115
(x) a copy of any written agreements with any charitable organization;
1116
(xi) the disclosure of any injunction, judgment, or administrative order or conviction of
1117
any crime involving moral turpitude with respect to any officer, director, manager, operator, or
1118
principal of the applicant;
1119
(xii) a copy of all agreements to which the applicant is, or proposes to be, a party
1120
regarding the use of proceeds;
1121
(xiii) an acknowledgment that fund raising in the state will not commence until both
1122
the professional fund raiser or professional fund raising counsel or consultant and the charity,
1123
its parent foundation, if any, are registered and in compliance with this chapter; and
1124
(xiv) any additional information the division may require by rule.
1125
(2) If any information contained in the application for a permit becomes incorrect or
1126
incomplete, the applicant or registrant shall, within 30 days after the information becomes
1127
incorrect or incomplete, correct the application or file the complete information required by the
1128
division.
1129
(3) In addition to the permit fee, an applicant failing to file a permit application or
1130
renewal by the due date or filing an incomplete permit application or renewal shall pay an
1131
additional fee of $25 for each month or part of a month after the date on which the permit
1132
application or renewal were due to be filed.
1133
Section 20.
Section
13-23-5
is amended to read:
1134
13-23-5. Registration -- Bond, letter of credit, or certificate of deposit required --
1135
Penalties.
1136
(1) (a) (i) It is unlawful for any health spa facility to operate in this state unless the
1137
facility is registered with the division.
1138
(ii) Registration is effective for one year. If the health spa facility renews its
1139
registration, the registration shall be renewed at least 30 days prior to its expiration.
1140
(iii) The division shall provide by rule for the form, content, application process, and
1141
renewal process of the registration.
1142
(b) Each health spa registering in this state shall designate a registered agent for
1143
receiving service of process. The registered agent shall be reasonably available from 8 a.m.
1144
until 5 p.m. during normal working days.
1145
(c) The division shall charge and collect a fee for registration under guidelines
1146
provided in Section [
63J-1-303
]
63J-1-504
.
1147
(d) If an applicant fails to file a registration application or renewal by the due date, or
1148
files an incomplete registration application or renewal, the applicant shall pay a fee of $25 for
1149
each month or part of a month after the date on which the registration application or renewal
1150
were due to be filed, in addition to the registration fee described in Subsection (1)(c).
1151
(2) (a) Each health spa shall obtain and maintain:
1152
(i) a performance bond issued by a surety authorized to transact surety business in this
1153
state;
1154
(ii) an irrevocable letter of credit issued by a financial institution authorized to do
1155
business in this state; or
1156
(iii) a certificate of deposit.
1157
(b) The bond, letter of credit, or certificate of deposit shall be payable to the division
1158
for the benefit of any consumer who incurs damages as the result of:
1159
(i) the health spa's violation of this chapter; or
1160
(ii) the health spa's going out of business or relocating and failing to offer an alternate
1161
location within five miles.
1162
(c) (i) The division may recover from the bond, letter of credit, or certificate of deposit
1163
the costs of collecting and distributing funds under this section, up to 10% of the face value of
1164
the bond, letter of credit, or certificate of deposit but only if the consumers have fully recovered
1165
their damages first.
1166
(ii) The total liability of the issuer of the bond, letter of credit, or certificate of deposit
1167
may not exceed the amount of the bond, letter of credit, or certificate of deposit.
1168
(iii) The health spa shall maintain a bond, letter of credit, or certificate of deposit in
1169
force for one year after it notifies the division in writing that it has ceased all activities
1170
regulated by this chapter.
1171
(d) A health spa providing services at more than one location shall comply with the
1172
requirements of Subsection (2)(a) for each separate location.
1173
(e) The division may impose a fine against a health spa that fails to comply with the
1174
requirements of Subsection (2)(a) of up to $100 per day that the health spa remains out of
1175
compliance. All penalties received shall be deposited into the Consumer Protection Education
1176
and Training Fund created in Section
13-2-8
.
1177
(3) (a) The minimum principal amount of the bond, letter of credit, or certificate of
1178
credit required under Subsection (2) shall be based on the number of unexpired contracts for
1179
health spa services to which the health spa is a party, in accordance with the following
1180
schedule:
1181
Principal Amount of Number of Contracts
1182
Bond, Letter of Credit,
1183
or Certificate of Deposit
1184
$15,000 500 or fewer
1185
35,000 501 to 1,500
1186
50,000 1,500 to 3,000
1187
75,000 3,001 or more
1188
(b) A health spa that is not exempt under Section
13-23-6
shall comply with
1189
Subsection (3)(a) with respect to all of the health spa's unexpired contracts for health spa
1190
services, regardless of whether a portion of those contracts satisfy the criteria in Section
1191
13-23-6
.
1192
(4) Each health spa shall obtain the bond, letter of credit, or certificate of deposit and
1193
furnish a certified copy of the bond, letter of credit, or certificate of deposit to the division prior
1194
to selling, offering or attempting to sell, soliciting the sale of, or becoming a party to any
1195
contract to provide health spa services. A health spa is considered to be in compliance with
1196
this section only if the proof provided to the division shows that the bond, letter of credit, or
1197
certificate of credit is current.
1198
(5) Each health spa shall:
1199
(a) maintain accurate records of the bond, letter of credit, or certificate of credit and of
1200
any payments made, due, or to become due to the issuer; and
1201
(b) open the records to inspection by the division at any time during normal business
1202
hours.
1203
(6) If a health spa changes ownership, ceases operation, discontinues facilities, or
1204
relocates and fails to offer an alternate location within five miles within 30 days after its
1205
closing, the health spa is subject to the requirements of this section as if it were a new health
1206
spa coming into being at the time the health spa changed ownership. The former owner may
1207
not release, cancel, or terminate the owner's liability under any bond, letter of credit, or
1208
certificate of deposit previously filed with the division, unless:
1209
(a) the new owner has filed a new bond, letter of credit, or certificate of deposit for the
1210
benefit of consumers covered under the previous owner's bond, letter of credit, or certificate of
1211
deposit; or
1212
(b) the former owner has refunded all unearned payments to consumers.
1213
(7) If a health spa ceases operation or relocates and fails to offer an alternative location
1214
within five miles, the health spa shall provide the division with 45 days prior notice.
1215
Section 21.
Section
13-26-3
is amended to read:
1216
13-26-3. Registration and bond required.
1217
(1) (a) Unless exempt under Section
13-26-4
, each telephone soliciting business shall
1218
register annually with the division before engaging in telephone solicitations if:
1219
(i) the telephone soliciting business engages in telephone solicitations that:
1220
(A) originate in Utah; or
1221
(B) are received in Utah; or
1222
(ii) the telephone soliciting business conducts any business operations in Utah.
1223
(b) The registration form shall designate an agent residing in this state who is
1224
authorized by the telephone soliciting business to receive service of process in any action
1225
brought by this state or a resident of this state.
1226
(c) If a telephone soliciting business fails to designate an agent to receive service or
1227
fails to appoint a successor to the agent:
1228
(i) the business' application for an initial or renewal registration shall be denied; and
1229
(ii) any current registration shall be suspended until an agent is designated.
1230
(2) The division may impose an annual registration fee set pursuant to Section
1231
[
63J-1-303
]
63J-1-504
.
1232
(3) (a) Each telephone soliciting business engaging in telephone solicitation or sales in
1233
this state shall obtain and maintain the following security:
1234
(i) a performance bond issued by a surety authorized to transact surety business in this
1235
state;
1236
(ii) an irrevocable letter of credit issued by a financial institution authorized to do
1237
business in this state; or
1238
(iii) a certificate of deposit held in this state in a depository institution regulated by the
1239
Department of Financial Institutions.
1240
(b) The bond, letter of credit, or certificate of deposit shall be payable to the division
1241
for the benefit of any consumer who incurs damages as the result of any telephone solicitation
1242
or sales violation of this chapter.
1243
(c) The division may recover from the bond, letter of credit, or certificate of deposit
1244
investigative costs, [attorneys'] attorney fees, and other costs of collecting and distributing
1245
funds under this section and the costs of promoting consumer education, but only if the
1246
consumer has first recovered full damages.
1247
(d) A telephone soliciting business shall keep a bond, certificate of deposit, or letter of
1248
credit in force for one year after it notifies the division in writing that it has ceased all activities
1249
regulated by this chapter.
1250
(e) The amount to be posted in the form of a bond, irrevocable letter of credit, or
1251
certificate of deposit shall be:
1252
(i) $25,000 if:
1253
(A) neither the telephone soliciting business nor any affiliated person has violated this
1254
chapter within three years preceding the date of the application; and
1255
(B) the telephone soliciting business has fewer than ten employees;
1256
(ii) $50,000 if:
1257
(A) neither the telephone soliciting business nor any affiliated person has violated this
1258
chapter within three years preceding the date of the application; and
1259
(B) the telephone soliciting business has ten or more employees; or
1260
(iii) $75,000 if the telephone soliciting business or any affiliated person has violated
1261
this chapter within three years preceding the date of the application.
1262
(f) For purposes of Subsection (3)(e) an "affiliated person" means a contractor,
1263
director, employee, officer, owner, or partner of the telephone soliciting business.
1264
(4) The division may establish by rule the registration requirements for telephone
1265
soliciting businesses under the terms of Title 63G, Chapter 3, Utah Administrative Rulemaking
1266
Act. An administrative proceeding conducted by the division under this chapter shall comply
1267
with the requirements of Title 63G, Chapter 4, Administrative Procedures Act.
1268
(5) The division director may revoke a registration under this section for any violation
1269
of this chapter.
1270
Section 22.
Section
13-32a-111
is amended to read:
1271
13-32a-111. Fees to fund training and central database.
1272
(1) On and after January 1, 2005, each pawnshop or secondhand merchandise dealer in
1273
operation shall annually pay $250 to the division, to be deposited in the account.
1274
(2) On and after January 1, 2005, each law enforcement agency that participates in the
1275
use of the database shall annually pay to the division a fee of $2 per sworn law enforcement
1276
officer who is employed by the agency as of January 1 of that year. The fee shall be deposited
1277
in the account.
1278
(3) The fees under Subsections (1) and (2) shall be paid to the account annually on or
1279
before January 30.
1280
(4) (a) If a law enforcement agency outside Utah requests access to the central
1281
database, the requesting agency shall pay a yearly fee of $750 for the fiscal year beginning July
1282
1, 2006, which shall be deposited in the account.
1283
(b) The board may establish the fee amount for fiscal years beginning on and after July
1284
1, 2007 under Section [
63J-1-303
]
63J-1-504
.
1285
Section 23.
Section
13-34-107
is amended to read:
1286
13-34-107. Advertising, recruiting, or operating a proprietary school -- Required
1287
registration statement or exemption -- Certificate of registration -- Registration does not
1288
constitute endorsement.
1289
(1) (a) Unless an institution complies with Subsection (1)(b), the institution may not do
1290
any of the following in this state:
1291
(i) advertise a proprietary school;
1292
(ii) recruit students for a proprietary school; or
1293
(iii) operate a proprietary school.
1294
(b) An institution may not engage in an activity described in Subsection (1)(a) unless
1295
the institution:
1296
(i) (A) files with the division a registration statement relating to the proprietary school
1297
that is in compliance with:
1298
(I) applicable rules made by the division; and
1299
(II) the requirements set forth in this chapter; and
1300
(B) obtains a certificate of registration; or
1301
(ii) establishes an exemption with the division.
1302
(2) (a) The registration statement or exemption described in Subsection (1) shall be:
1303
(i) verified by the oath or affirmation of the owner or a responsible officer of the
1304
proprietary school filing the registration statement or exemption; and
1305
(ii) include a certification as to whether any of the following has violated laws, federal
1306
regulations, or state rules as determined in a criminal, civil, or administrative proceeding:
1307
(A) the proprietary school; or
1308
(B) any of the following with respect to the proprietary school:
1309
(I) an owner;
1310
(II) an officer;
1311
(III) a director;
1312
(IV) an administrator;
1313
(V) a faculty member;
1314
(VI) a staff member; or
1315
(VII) an agent.
1316
(b) The proprietary school shall:
1317
(i) make available, upon request, a copy of the registration statement, showing the date
1318
upon which it was filed; and
1319
(ii) display the certificate of registration obtained from the division in a conspicuous
1320
place on the proprietary school's premises.
1321
(3) (a) A registration statement and the accompanying certificate of registration are not
1322
transferable.
1323
(b) In the event of a change in ownership or in the governing body of the proprietary
1324
school, the new owner or governing body, within 30 days after the change, shall file a new
1325
registration statement.
1326
(4) Except as provided in Subsection (3)(b), a registration statement or a renewal
1327
statement and the accompanying certificate of registration are effective for a period of two
1328
years after the date of filing and issuance.
1329
(5) (a) The division shall establish a graduated fee structure for the filing of registration
1330
statements by various classifications of institutions pursuant to Section [
63J-1-303
]
63J-1-504
.
1331
(b) Fees are not refundable.
1332
(c) Fees shall be deposited in the Commerce Service Fund pursuant to Section
13-1-2
.
1333
(6) (a) Each proprietary school shall:
1334
(i) demonstrate fiscal responsibility at the time the proprietary school files its
1335
registration statement as prescribed by rules of the division; and
1336
(ii) provide evidence to the division that the proprietary school:
1337
(A) is financially sound; and
1338
(B) can reasonably fulfill commitments to and obligations the proprietary school has
1339
incurred with students and creditors.
1340
(b) A proprietary school applying for an initial certificate of registration to operate
1341
shall prepare and submit financial statements and supporting documentation as requested by
1342
the division.
1343
(c) A proprietary school applying for renewal of a certificate of registration to operate
1344
or renewal under new ownership must provide audited financial statements.
1345
(d) The division may require evidence of financial status at other times when it is in the
1346
best interest of students to require such information.
1347
(7) (a) A proprietary school applying for an initial certificate of registration or seeking
1348
renewal shall provide in a form approved by the division:
1349
(i) a surety bond;
1350
(ii) a certificate of deposit; or
1351
(iii) an irrevocable letter of credit.
1352
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1353
division may make rules providing for:
1354
(i) the amount of the bond, certificate, or letter of credit required under Subsection
1355
(7)(a), not to exceed in amount the anticipated tuition and fees to be received by the proprietary
1356
school during a school year;
1357
(ii) the execution of the bond, certificate, or letter of credit;
1358
(iii) cancellation of the bond, certificate, or letter of credit during or at the end of the
1359
registration term; and
1360
(iv) any other matters related to providing the bond, certificate, or letter of credit
1361
required under Subsection (7)(a).
1362
(c) The bond, certificate, or letter of credit shall be used as a protection against loss of
1363
advanced tuition, book fees, supply fees, or equipment fees:
1364
(i) collected by the proprietary school from a student or a student's parent, guardian, or
1365
sponsor prior to the completion of the program or courses for which it was collected; or
1366
(ii) for which the student is liable.
1367
(8) (a) Except as provided in Section
13-34-113
, the division may not refuse
1368
acceptance of a registration statement that is:
1369
(i) tendered for filing and, based on a preliminary review, appears to be in compliance
1370
with Subsections (1), (2), and (6); and
1371
(ii) accompanied by:
1372
(A) the required fee; and
1373
(B) one of the following required by Subsection (7):
1374
(I) surety bond;
1375
(II) certificate of deposit; or
1376
(III) irrevocable letter of credit.
1377
(b) A certificate of registration is effective upon the date of issuance.
1378
(c) The responsibility of compliance is upon the proprietary school and not upon the
1379
division.
1380
(d) (i) If it appears to the division that a registration statement on file may not be in
1381
compliance with this chapter, the division may advise the proprietary school as to the apparent
1382
deficiencies.
1383
(ii) After a proprietary school has been notified of a deficiency under Subsection
1384
(8)(d)(i), a new or amended statement may be presented for filing by the proprietary school,
1385
accompanied by:
1386
(A) the required fee; and
1387
(B) one of the following required by Subsection (7):
1388
(I) surety bond;
1389
(II) certificate of deposit; or
1390
(III) irrevocable letter of credit.
1391
(9) The following does not constitute and may not be represented by any person to
1392
constitute, an endorsement or approval of the proprietary school by either the division or the
1393
state:
1394
(a) an acceptance of:
1395
(i) a registration statement;
1396
(ii) a renewal statement; or
1397
(iii) an amended registration statement; and
1398
(b) issuance of a certificate of registration.
1399
Section 24.
Section
13-35-105
is amended to read:
1400
13-35-105. Registration -- Fees.
1401
(1) A franchisee or franchisor doing business in this state shall:
1402
(a) annually register or renew its registration with the department in a manner
1403
established by the department; and
1404
(b) pay an annual registration fee in an amount determined by the department in
1405
accordance with Sections
13-1-2
and [
63J-1-303
]
63J-1-504
.
1406
(2) The department shall register or renew the registration of a franchisee or franchisor
1407
if the franchisee or franchisor complies with this chapter and rules made by the department
1408
under this chapter.
1409
(3) A franchisee or franchisor registered under this section shall comply with this
1410
chapter and any rules made by the department under this chapter including any amendments to
1411
this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement.
1412
(4) The fee imposed under Subsection (1)(b) shall be collected by the department and
1413
deposited into the Commerce Service Fund.
1414
(5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of
1415
a franchisor does not need to be registered under this section if the franchisor is registered
1416
under this section.
1417
Section 25.
Section
13-39-201
is amended to read:
1418
13-39-201. Establishment of child protection registry.
1419
(1) The division shall:
1420
(a) establish and operate a child protection registry to compile and secure a list of
1421
contact points the division has received pursuant to this section; or
1422
(b) contract with a third party to establish and secure the registry described in
1423
Subsection (1)(a).
1424
(2) (a) The division shall implement the registry described in this section with respect
1425
to email addresses beginning on July 1, 2005.
1426
(b) The division shall implement the registry described in this section with respect to
1427
instant message identities.
1428
(c) The division shall implement the registry described in this section with respect to
1429
mobile or other telephone numbers.
1430
(3) (a) A person may register a contact point with the division pursuant to rules
1431
established by the division under Subsection
13-39-203
(1) if:
1432
(i) the contact point belongs to a minor;
1433
(ii) a minor has access to the contact point; or
1434
(iii) the contact point is used in a household in which a minor is present.
1435
(b) A school or other institution that primarily serves minors may register its domain
1436
name with the division pursuant to rules made by the division under Subsection
13-39-203
(1).
1437
(c) The division shall provide a disclosure in a confirmation message sent to a person
1438
who registers a contact point under this section that reads: "No solution is completely secure.
1439
The most effective way to protect children on the Internet is to supervise use and review all
1440
email messages and other correspondence. Under law, theft of a contact point from the Child
1441
Protection Registry is a second degree felony. While every attempt will be made to secure the
1442
Child Protection Registry, registrants and their guardians should be aware that their contact
1443
points may be at a greater risk of being misappropriated by marketers who choose to disobey
1444
the law."
1445
(4) A person desiring to send a communication described in Subsection
13-39-202
(1)
1446
to a contact point or domain shall:
1447
(a) use a mechanism established by rule made by the division under Subsection
1448
13-39-203
(2); and
1449
(b) pay a fee for use of the mechanism described in Subsection (4)(a) determined by
1450
the division in accordance with Section [
63J-1-303
]
63J-1-504
.
1451
(5) The division may implement a program to offer discounted compliance fees to
1452
senders who meet enhanced security conditions established and verified by the division, the
1453
third party registry provider, or a designee.
1454
(6) The contents of the registry, and any complaint filed about a sender who violates
1455
this chapter, are not subject to public disclosure under Title 63G, Chapter 2, Government
1456
Records Access and Management Act.
1457
(7) The state shall promote the registry on the state's official Internet website.
1458
Section 26.
Section
13-42-105
is amended to read:
1459
13-42-105. Application for registration -- Form, fee, and accompanying
1460
documents.
1461
(1) An application for registration as a provider must be in a form prescribed by the
1462
administrator.
1463
(2) Subject to adjustment of dollar amounts pursuant to Subsection
13-42-132
(6), an
1464
application for registration as a provider must be accompanied by:
1465
(a) the fee established by the administrator in accordance with Section [
63J-1-303
]
1466
63J-1-504
;
1467
(b) the bond required by Section
13-42-113
;
1468
(c) identification of all trust accounts required by Section
13-42-122
and an irrevocable
1469
consent authorizing the administrator to review and examine the trust accounts;
1470
(d) evidence of insurance in the amount of $250,000:
1471
(i) against the risks of dishonesty, fraud, theft, and other misconduct on the part of the
1472
applicant or a director, employee, or agent of the applicant;
1473
(ii) issued by an insurance company authorized to do business in this state and rated at
1474
least A by a nationally recognized rating organization;
1475
(iii) with no deductible;
1476
(iv) payable to the applicant, the individuals who have agreements with the applicant,
1477
and this state, as their interests may appear; and
1478
(v) not subject to cancellation by the applicant without the approval of the
1479
administrator;
1480
(e) a record consenting to the jurisdiction of this state containing:
1481
(i) the name, business address, and other contact information of its registered agent in
1482
this state for purposes of service of process; or
1483
(ii) the appointment of the administrator as agent of the provider for purposes of
1484
service of process; and
1485
(f) if the applicant is organized as a not-for-profit entity or is exempt from taxation,
1486
evidence of not-for-profit and tax-exempt status applicable to the applicant under the Internal
1487
Revenue Code, 26 U.S.C. Section 501.
1488
Section 27.
Section
13-42-109
is amended to read:
1489
13-42-109. Certification of registration -- Issuance or denial.
1490
(1) Except as otherwise provided in Subsections (2) and (3), the administrator shall
1491
issue a certificate of registration as a provider to a person that complies with Sections
1492
13-42-105
and
13-42-106
.
1493
(2) The administrator may deny registration if:
1494
(a) the application contains information that is materially erroneous or incomplete;
1495
(b) an officer, director, or owner of the applicant has been convicted of a crime, or
1496
suffered a civil judgment, involving dishonesty or the violation of state or federal securities
1497
laws;
1498
(c) the applicant or any of its officers, directors, or owners has defaulted in the payment
1499
of money collected for others; or
1500
(d) the administrator finds that the financial responsibility, experience, character, or
1501
general fitness of the applicant or its owners, directors, employees, or agents does not warrant
1502
belief that the business will be operated in compliance with this chapter.
1503
(3) The administrator shall deny registration if:
1504
(a) the application is not accompanied by the fee established by the administrator in
1505
accordance with Section [
63J-1-303
]
63J-1-504
; or
1506
(b) with respect to an applicant that is organized as a not-for-profit entity or has
1507
obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. Section 501, the
1508
applicant's board of directors is not independent of the applicant's employees and agents.
1509
(4) Subject to adjustment of the dollar amount pursuant to Subsection
13-42-132
(6), a
1510
board of directors is not independent for purposes of Subsection (3) if more than one-fourth of
1511
its members:
1512
(a) are affiliates of the applicant, as defined in Subsection
13-42-102
(2)(a) or
1513
13-42-102
(2)(b)(i), (ii), (iv), (v), (vi), or (vii); or
1514
(b) after the date ten years before first becoming a director of the applicant, were
1515
employed by or directors of a person that received from the applicant more than $25,000 in
1516
either the current year or the preceding year.
1517
Section 28.
Section
13-42-111
is amended to read:
1518
13-42-111. Renewal of registration.
1519
(1) A provider must obtain a renewal of its registration annually.
1520
(2) An application for renewal of registration as a provider must be in a form
1521
prescribed by the administrator, signed under penalty of perjury, and:
1522
(a) be filed no fewer than 30 and no more than 60 days before the registration expires;
1523
(b) be accompanied by the fee established by the administrator in accordance with
1524
Section [
63J-1-303
]
63J-1-504
and the bond required by Section
13-42-113
;
1525
(c) contain the matter required for initial registration as a provider by Subsections
1526
13-42-106
(8) and (9) and a financial statement, audited by an accountant licensed to conduct
1527
audits, for the applicant's fiscal year immediately preceding the application;
1528
(d) disclose any changes in the information contained in the applicant's application for
1529
registration or its immediately previous application for renewal, as applicable;
1530
(e) supply evidence of insurance in an amount equal to the larger of $250,000 or the
1531
highest daily balance in the trust account required by Section
13-42-122
during the six-month
1532
period immediately preceding the application:
1533
(i) against risks of dishonesty, fraud, theft, and other misconduct on the part of the
1534
applicant or a director, employee, or agent of the applicant;
1535
(ii) issued by an insurance company authorized to do business in this state and rated at
1536
least A by a nationally recognized rating organization;
1537
(iii) with no deductible;
1538
(iv) payable to the applicant, the individuals who have agreements with the applicant,
1539
and this state, as their interests may appear; and
1540
(v) not subject to cancellation by the applicant without the approval of the
1541
administrator;
1542
(f) disclose the total amount of money received by the applicant pursuant to plans
1543
during the preceding 12 months from or on behalf of individuals who reside in this state and
1544