H.B. 353

1

VEHICLE DISCLOSURE REQUIREMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: DeMar Bud Bowman
5 This act modifies the Motor Vehicles Code to prohibit a person from knowingly selling a
6 vehicle initially delivered for sale in a country other than the United States of America
7 without written notification to the purchaser. This act requires the State Tax
8 Commission to make rules regarding information required to be disclosed. This act
9 provides that a violation is a class B misdemeanor. This act allows for civil liability for
10 failure of a seller to provide the purchaser with the required notification.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 ENACTS:
13 41-1a-712, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 41-1a-712 is enacted to read:
16 41-1a-712. Foreign vehicle disclosure requirements -- Penalties -- Civil damages.
17 (1) A person may not knowingly sell or offer for sale in this state any vehicle that was
18 initially delivered for disposition or sale in a country other than the United States of America
19 unless, prior to the sale, the person provides written notice to the purchaser on a separate form
20 furnished by the Motor Vehicle Enforcement Division that indicates:
21 (a) that the vehicle was initially delivered for disposition or sale in a country outside of
22 the United States as indicated on the Manufacturer's Statement of Origin or similar ownership
23 document;
24 (b) the country where the vehicle was initially delivered for the disposition or sale; and
25 (c) any other information required by the commission under rules made by the
26 commission in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
27 (2) A person who violates this section is guilty of a class B misdemeanor.

28 (3) (a) In addition to any other penalties, a purchaser may bring a civil action to recover
29 damages resulting from a seller's failure to provide notice as required under this section.
30 (b) The amount of damages that may be recovered in a civil action are the actual
31 damages or $1,500, whichever is greater.




Legislative Review Note
as of 2-13-03 10:31 AM

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

Office of Legislative Research and General Counsel