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H.B. 353





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

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