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H.B. 101

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POSTING ON MOTOR AND SPECIAL FUEL

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PUMPS

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Glenn Way

6    AN ACT RELATING TO COMMERCE AND TRADE; REQUIRING POSTING OF TAX RATE
7    DECALS ON MOTOR FUEL AND SPECIAL FUEL PUMPS; PROVIDING FOR CERTAIN
8    PENALTIES; AND REQUIRING THE TAX COMMISSION TO PROVIDE THE DECALS.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         13-16-7, as last amended by Chapter 260, Laws of Utah 1991
12    ENACTS:
13         13-16-13, Utah Code Annotated 1953
14         59-13-104, Utah Code Annotated 1953
15    Be it enacted by the Legislature of the state of Utah:
16        Section 1. Section 13-16-7 is amended to read:
17         13-16-7. Civil actions authorized -- Expenses -- Jurisdiction and venue.
18        (1) (a) If the Division of Consumer Protection has reason to believe that a person has
19    engaged in acts [or], practices, or omissions that violate Section 13-16-4 [or], 13-16-5, or
20    13-16-13, the division may request the attorney general or a county attorney to commence a civil
21    action to enjoin the acts or practices, and upon a proper showing, a temporary restraining order,
22    preliminary injunction, or permanent injunction shall issue without the necessity of a bond.
23        (b) Any person who violates Section 13-16-4 or 13-16-5 is liable to the state for a civil
24    penalty, assessed by a court, not to exceed $5,000 per day for each business location where a
25    violation occurred.
26        (2) (a) Any person injured as a result of an act or practice that violates Section 13-16-4 or
27    13-16-5 may bring a civil action for appropriate relief, including an action for a declaratory


1    judgment, injunctive relief, a treble award of actual damages, and exemplary damages.
2        (b) Any action under this subsection shall be brought within two years after the alleged
3    violation occurred.
4        (3) The court, in making an award under Subsection (1) or (2), may award court costs and
5    a reasonable attorney's fee to the prevailing party, except that the court may not award attorney's
6    fees or court costs against the state, a state agency, or a political subdivision of the state.
7        (4) If the state, a state agency, or a political subdivision of the state prevails in an action
8    under this chapter, it is entitled to an award for reasonable investigative expenses in addition to
9    any other relief granted.
10        (5) (a) The district courts of this state may hear and determine all cases brought under this
11    section.
12        (b) Venue lies in any county where the defendant is doing business or in the county where
13    the plaintiff resides.
14        Section 2. Section 13-16-13 is enacted to read:
15         13-16-13. Tax rate decals posted on pump.
16        Beginning October 1, 1998, a person who sells motor fuel or special fuel in a retail sale
17    shall post a tax rate decal described under Section 59-13-104 on each motor fuel or special fuel
18    pump or dispensing device.
19        Section 3. Section 59-13-104 is enacted to read:
20         59-13-104. Tax rate decals.
21        (1) The commission shall produce tax rate decals that are required to be posted under
22    Section 13-16-13.
23        (2) The decals shall:
24        (a) clearly and conspicuously disclose the name of each tax and the tax rate of each tax
25    imposed on motor fuel or special fuel;
26        (b) show the tax imposed separately by federal, state, and local taxing entities; and
27        (c) be obtained at no cost to motor fuel and special fuel retailers from the commission.


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Legislative Review Note
    as of 12-17-97 3:21 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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