First Substitute H.B. 317

Representative David Ure proposes the following substitute bill:

1 ADMINISTRATIVE RULE CRIMINAL
2 PENALTY AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: David Ure
6 Senate Sponsor: Howard A. Stephenson
7
8 LONG TITLE
9 General Description:
10 This bill modifies certain statutes granting authority to assess criminal penalties.
11 Highlighted Provisions:
12 This bill:
13 . repeals the authority in certain statutes to specify by administrative rule conduct that
14 may constitute a misdemeanor or a felony in these areas:
15 . Agriculture, Community and Culture, Alcoholic Beverage Control, Mines and
16 Mining, Motor Vehicles, Public Funds and Accounts, Public Safety, Revenue
17 and Taxation, State Lands, and the Utah Criminal Code.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 4-38-7, as last amended by Chapter 64, Laws of Utah 1993
25 9-4-612, as last amended by Chapter 28, Laws of Utah 2000

26 32A-12-104, as renumbered and amended by Chapter 23, Laws of Utah 1990
27 40-6-12, as last amended by Chapter 241, Laws of Utah 1991
28 40-8-9, as last amended by Chapter 194, Laws of Utah 2002
29 41-3-210, as last amended by Chapter 249, Laws of Utah 2000
30 41-3-701, as last amended by Chapters 165 and 221, Laws of Utah 1993
31 41-3-702, as last amended by Chapter 334, Laws of Utah 2003
32 41-6a-1115, as renumbered and amended by Chapter 2 and last amended by Chapter
33 111, Laws of Utah 2005
34 51-7-22.4, as last amended by Chapter 183, Laws of Utah 2005
35 53-7-226, as renumbered and amended by Chapter 234, Laws of Utah 1993
36 59-14-212, as last amended by Chapter 270, Laws of Utah 2001
37 65A-3-1, as last amended by Chapter 267, Laws of Utah 1995
38 76-10-1233 (Effective 05/01/06), as enacted by Chapter 281, Laws of Utah 2005
39 ENACTS:
40 76-10-1234, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 4-38-7 is amended to read:
44 4-38-7. Licenses -- Fees -- Duties of licensees.
45 (1) The commission may grant licenses for participation in racing and other activities
46 associated with racetracks.
47 (2) The commission shall establish a schedule of fees for the application for and
48 renewal and reinstatement of all licenses issued under this chapter.
49 (3) Each person holding a license under this chapter shall comply with this chapter and
50 with all rules promulgated and all orders issued by the commission under this chapter.
51 (4) Any person who holds a recognized race meet or who participates directly or
52 indirectly in a recognized race meet without being first licensed by the commission as required
53 under this chapter [or by the rules of the commission] and any person violating any [of the]
54 provisions of this chapter is [guilty of a class A misdemeanor] subject to penalties under
55 Section 4-2-15 .
56 Section 2. Section 9-4-612 is amended to read:

57 9-4-612. Penalties for fraudulently obtaining or continuing to receive housing
58 assistance benefits.
59 (1) No person may knowingly, by misrepresentation, impersonation, or any other
60 fraudulent means, make any false statement to housing authority personnel or, after being
61 accepted as a recipient of housing authority benefits, fail to disclose to housing authority
62 personnel any:
63 (a) change in household composition;
64 (b) employment change;
65 (c) change in marital status;
66 (d) receipt of any other monetary assistance;
67 (e) receipt of in-kind gifts; or
68 (f) any other material fact or change in circumstances which would affect the
69 determination of that person's eligibility to receive housing assistance benefits, or would affect
70 the amount of benefits for which he is eligible.
71 (2) No person may fail to disclose any of the information described in Subsection (1)
72 for the purpose of obtaining or continuing to receive funds or other housing assistance benefits
73 to which he is not entitled, or in an amount larger than that to which he is entitled.
74 (3) No person who has duties relating to the administration of any housing authority
75 program may fraudulently misappropriate any funds or other assistance with which he has been
76 entrusted, or of which he has gained possession by virtue of his position.
77 (4) No person may knowingly:
78 (a) file or falsify any claim, report, or document required by state or federal law[, rule],
79 or provider agreement, to obtain or attempt to obtain unauthorized housing assistance benefits
80 under this chapter; or
81 (b) attempt to commit, or aid or abet the commission of, any act prohibited by this
82 section.
83 (5) The punishment for violation of any provision of this section by a housing
84 assistance recipient is determined by the cumulative value of the funds or other benefits he
85 received from all the frauds he committed, and not by each separate instance of fraud.
86 (6) The punishment for the offenses of this section are:
87 (a) a felony of the second degree if the value of the funds or other benefits received,

88 misappropriated, claimed, or applied for, is equal to or exceeds $5,000;
89 (b) a felony of the third degree if the value of the funds or other benefits received,
90 misappropriated, claimed, or applied for, is equal to or greater than $1,000 but less than
91 $5,000;
92 (c) a class A misdemeanor if the value of the funds or other benefits received,
93 misappropriated, claimed, or applied for, is equal to or greater than $300 but less than $1,000;
94 or
95 (d) a class B misdemeanor if the value of the funds or other benefits received,
96 misappropriated, claimed, or applied for, is less than $300.
97 Section 3. Section 32A-12-104 is amended to read:
98 32A-12-104. Violation of title a misdemeanor.
99 Any person who violates this title [or the commission rules adopted under this title] is
100 guilty of a class B misdemeanor, unless otherwise provided in this title.
101 Section 4. Section 40-6-12 is amended to read:
102 40-6-12. Evasion of chapter or rules -- Penalties -- Limitation of actions.
103 (1) (a) A person is guilty of a class A misdemeanor if, for the purpose of evading this
104 chapter or any [rule or] order of the board, he is convicted of any of the following:
105 (i) making or causing to be made any false entry in any report, record, account, or
106 memorandum required by this chapter or by any rule or order;
107 (ii) omitting or causing to be omitted from any report, record, account, or
108 memorandum, full, true, and correct entries as required by this chapter or by any [rule or]
109 order; or
110 (iii) removing from this state or destroying, mutilating, altering, or falsifying any
111 record, account, or memorandum.
112 (b) Upon conviction[, that] under Subsection (1), a person is subject to a fine of not
113 more than $5,000 or imprisonment for a term not exceeding six months, or to both fine and
114 imprisonment.
115 (2) [No] Any suit, action, or other proceeding based upon a violation of this chapter or
116 any rule or order of the board may be commenced [or maintained unless it is commenced] only
117 within one year from the date of the alleged violation.
118 Section 5. Section 40-8-9 is amended to read:

119 40-8-9. Evasion of chapter or rules -- Penalties -- Limitations of actions --
120 Violation of chapter or permit conditions -- Inspection -- Cessation order, abatement
121 notice, or show cause order -- Suspension or revocation of permit -- Review -- Division
122 enforcement authority -- Appeal provisions.
123 (1) (a) A person, owner, or operator who willfully or knowingly evades this chapter, or
124 who for the purpose of evading this chapter or any [rule or] order issued under this chapter,
125 willfully or knowingly makes or causes to be made any false entry in any report, record,
126 account, or memorandum required by this chapter, or by the [rule or] order, or who willfully or
127 knowingly omits or causes to be omitted from a report, record, account, or memorandum, full,
128 true, and correct entries as required by this chapter, or by the [rule or] order, or who willfully or
129 knowingly removes from this state or destroys, mutilates, alters, or falsifies any record,
130 account, or memorandum, is guilty of a class B misdemeanor and, upon conviction, is subject
131 to a fine of not more than $10,000 for each violation.
132 (b) Each day of willful failure to comply with an emergency order is a separate
133 violation.
134 (2) No suit, action, or other proceeding based upon a violation of this chapter, or any
135 rule or order issued under this chapter, may be commenced or maintained unless the suit,
136 action, or proceeding is commenced within five years from the date of the alleged violation.
137 (3) (a) If, on the basis of information available, the division has reason to believe that a
138 person is in violation of a requirement of this chapter or a permit condition required by this
139 chapter, the division shall immediately order inspection of the mining operation at which the
140 alleged violation is occurring, unless the information available to the division is a result of a
141 previous inspection of the mining operation.
142 (b) (i) If, on the basis of an inspection, the division determines that a condition or
143 practice exists, or that a permittee is in violation of a requirement of this chapter or a permit
144 condition required by this chapter, and the condition, practice, or violation also creates an
145 imminent danger to the health or safety of the public, or is causing, or can reasonably be
146 expected to cause significant, imminent environmental harm to land, air, or water resources,
147 the division shall immediately order a cessation of mining and operations or the portion
148 relevant to the condition, practice, or violation.
149 (ii) The cessation order shall remain in effect until the division determines that the

150 condition, practice, or violation has been abated, or until modified, vacated, or terminated by
151 the division.
152 (iii) If the division finds that the ordered cessation of mining operations, or a portion of
153 the operation, will not completely abate the imminent danger to the health or safety of the
154 public or the significant imminent environmental harm to land, air, or water resources, the
155 division shall, in addition to the cessation order, impose affirmative obligations on the operator
156 requiring him to take whatever steps the division considers necessary to abate the imminent
157 danger or the significant environmental harm.
158 (c) (i) If, on the basis of an inspection, the division determines that a permittee is in
159 violation of a requirement of this chapter or a permit condition required by this chapter, but the
160 violation does not create an imminent danger to the health or safety of the public or cannot be
161 reasonably expected to cause significant, imminent environmental harm to land, air, or water
162 resources, the division shall issue a notice to the permittee or his agent specifying a reasonable
163 time, but not more than 90 days, for the abatement of the violation and providing an
164 opportunity for a conference with the division.
165 (ii) If, upon expiration of the period of time as originally fixed or subsequently
166 extended, for good cause shown, and upon the written finding of the division, the division finds
167 that the violation has not been abated, it shall immediately order a cessation of mining
168 operations or the portion of the mining operation relevant to the violation.
169 (iii) The cessation order shall remain in effect until the division determines that the
170 violation has been abated or until modified, vacated, or terminated by the division pursuant to
171 this Subsection (3).
172 (iv) In the order of cessation issued by the division under this Subsection (3), the
173 division shall determine the steps necessary to abate the violation in the most expeditious
174 manner possible and shall include the necessary measures in the order.
175 (d) (i) Notices and orders issued under this section shall set forth with reasonable
176 specificity:
177 (A) the nature of the violation and the remedial action required;
178 (B) the period of time established for abatement; and
179 (C) a reasonable description of the portion of the mining and reclamation operation to
180 which the notice or order applies.

181 (ii) Each notice or order issued under this section shall be given promptly to the
182 permittee or his agent by the division, and the notices and orders shall be in writing and shall
183 be signed by the director, or his authorized representative who issues notices or orders.
184 (iii) A notice or order issued under this section may be modified, vacated, or
185 terminated by the division, but any notice or order issued under this section which requires
186 cessation of mining by the operator shall expire within 30 days of the actual notice to the
187 operator, unless a conference is held with the division.
188 (4) (a) The division may request the attorney general to institute a civil action for relief,
189 including a permanent or temporary injunction, restraining order, or any other appropriate order
190 in the district court for the district in which the mining and reclamation operation is located, or
191 in which the permittee of the operation has his principal office, if the permittee or his agent:
192 (i) violates or fails or refuses to comply with an order or decision issued by the division
193 under this chapter;
194 (ii) interferes with, hinders, or delays the division, or its authorized representatives, in
195 carrying out the provisions of this chapter;
196 (iii) refuses to admit the authorized representatives to the mine;
197 (iv) refuses to permit inspection of the mine by the authorized representative; or
198 (v) refuses to furnish any information or report requested by the division in furtherance
199 of the provisions of this chapter.
200 (b) (i) The court shall have jurisdiction to provide the appropriate relief.
201 (ii) Relief granted by the court to enforce an order under Subsection (4)(a)(i) shall
202 continue in effect until the completion or final termination of all proceedings for review of that
203 order under this chapter, unless, prior to this completion or termination, the district court
204 granting the relief sets it aside or modifies the order.
205 (5) (a) (i) A permittee issued a notice or order by the division, pursuant to the
206 provisions of Subsections (3)(b) and (3)(c), or a person having an interest which may be
207 adversely affected by the notice or order, may apply to the board for review of the notice or
208 order within 30 days of receipt of the notice or order, or within 30 days of a modification,
209 vacation, or termination of the notice or order.
210 (ii) Upon receipt of this application, the board shall pursue an investigation as it
211 considers appropriate.

212 (iii) The investigation shall provide an opportunity for a public hearing at the request of
213 the applicant or the person having an interest which is or may be adversely affected, to enable
214 the applicant or that person to present information relating to the issuance and continuance of
215 the notice or order of the modification, vacation, or termination of the notice or order.
216 (iv) The filing of an application for review under this Subsection (5)(a) shall not
217 operate as a stay of an order or notice.
218 (b) (i) The permittee and other interested persons shall be given written notice of the
219 time and place of the hearing at least five days prior to the hearing.
220 (ii) This hearing shall be of record and shall be subject to judicial review.
221 (c) (i) Pending completion of the investigation and hearing required by this section, the
222 applicant may file with the board a written request that the board grant temporary relief from
223 any notice or order issued under this section, with a detailed statement giving the reasons for
224 granting this relief.
225 (ii) The board shall issue an order or decision granting or denying this relief
226 expeditiously.
227 (d) (i) Following the issuance of an order to show cause as to why a permit should not
228 be suspended or revoked pursuant to this section, the board shall hold a public hearing, after
229 giving written notice of the time, place, and date of the hearing.
230 (ii) The hearing shall be of record and shall be subject to judicial review.
231 (iii) Within 60 days following the public hearing, the board shall issue and furnish to
232 the permittee and all other parties to the hearing, a written decision, and the reasons for the
233 decision, regarding suspension or revocation of the permit.
234 (iv) If the board revokes the permit, the permittee shall immediately cease mining
235 operations on the permit area and shall complete reclamation within a period specified by the
236 board, or the board shall declare the performance bonds forfeited for the operation.
237 (e) Action by the board taken under this section or any other provision of the state
238 program shall be subject to judicial review by the appropriate district court within the state.
239 (6) A criminal proceeding for a violation of this chapter, or a rule, regulation, or order
240 issued under this chapter, shall be commenced within five years from the date of the alleged
241 violation.
242 Section 6. Section 41-3-210 is amended to read:

243 41-3-210. License holders -- Prohibitions and requirements.
244 (1) The holder of any license issued under this chapter may not:
245 (a) intentionally publish, display, or circulate any advertising that is misleading or
246 inaccurate in any material fact or that misrepresents any of the products sold, manufactured,
247 remanufactured, handled, or furnished by a licensee;
248 (b) intentionally publish, display, or circulate any advertising without identifying the
249 seller as the licensee by including in the advertisement the full name under which the licensee
250 is licensed or the licensee's number assigned by the division;
251 (c) violate this chapter or the rules made by the administrator;
252 (d) violate any law of the state respecting commerce in motor vehicles or any rule
253 respecting commerce in motor vehicles made by any licensing or regulating authority of the
254 state;
255 (e) engage in business as a new motor vehicle dealer, special equipment dealer, used
256 motor vehicle dealer, motor vehicle crusher, or body shop without having in effect a bond as
257 required in this chapter;
258 (f) act as a dealer, dismantler, crusher, manufacturer, transporter, remanufacturer, or
259 body shop without maintaining a principal place of business;
260 (g) engage in a business respecting the selling or exchanging of new or new and used
261 motor vehicles for which he is not licensed, including selling or exchanging a new motor
262 vehicle for which the licensee does not have a franchise, but this Subsection (1)(g) does not
263 apply to a special equipment dealer who sells a new special equipment motor vehicle with a
264 gross vehicle weight of 12,000 or more pounds after installing special equipment on the motor
265 vehicle;
266 (h) dismantle or transport to a crusher for crushing or other disposition any motor
267 vehicle without first obtaining a dismantling or junk permit under Section 41-1a-1009 ,
268 41-1a-1010 , or 41-1a-1011 ;
269 (i) as a new motor vehicle dealer, special equipment dealer, or used motor vehicle
270 dealer fail to give notice of sales or transfers as required in Section 41-3-301 ;
271 (j) advertise or otherwise represent, or knowingly allow to be advertised or represented
272 on his behalf or at his place of business, that no down payment is required in connection with
273 the sale of a motor vehicle when a down payment is required and the buyer is advised or

274 induced to finance a down payment by a loan in addition to any other loan financing the
275 remainder of the purchase price of the motor vehicle;
276 (k) as a crusher, crush or shred a motor vehicle brought to the crusher without
277 obtaining proper evidence of ownership of the motor vehicle; proper evidence of ownership is
278 a certificate of title endorsed according to law or a dismantling or junk permit issued under
279 Section 41-1a-1009 , 41-1a-1010 , or 41-1a-1011 ;
280 (l) as a manufacturer or remanufacturer assemble a motor vehicle that does not comply
281 with construction, safety, or vehicle identification number standards fixed by law or rule of any
282 licensing or regulating authority;
283 (m) as anyone other than a salesperson licensed under this chapter, be present on a
284 dealer display space and contact prospective customers to promote the sale of the dealer's
285 vehicles;
286 (n) sell, display for sale, or offer for sale motor vehicles at any location other than the
287 principal place of business or additional places of business licensed under this chapter; this
288 provision is construed to prevent dealers, salespersons, or any other representative of a
289 dealership from selling, displaying, or offering motor vehicles for sale from their homes or
290 other unlicensed locations;
291 (o) (i) as a dealer, dismantler, body shop, or manufacturer, maintain a principal place of
292 business or additional place of business that shares any common area with a business or
293 activity not directly related to motor vehicle commerce; or
294 (ii) maintain any places of business that share any common area with another dealer,
295 dismantler, body shop, or manufacturer;
296 (p) withhold delivery of license plates obtained by the licensee on behalf of a customer
297 for any reason, including nonpayment of any portion of the vehicle purchase price or down
298 payment;
299 (q) issue a temporary permit for any vehicle that has not been sold by the licensee;
300 (r) alter a temporary permit in any manner;
301 (s) operate any principal place of business or additional place of business in a location
302 that does not comply with local ordinances, including zoning ordinances; [or]
303 (t) sell, display for sale, offer for sale, or exchange any new motor vehicle if the
304 licensee does not:

305 (i) have a new motor vehicle dealer's license under Section 41-3-202 ; and
306 (ii) possess a franchise from the manufacturer of the new motor vehicle sold, displayed
307 for sale, offered for sale, or exchanged by the licensee[.]; or
308 (u) as a new motor vehicle dealer or used motor vehicle dealer, encourage or conspire
309 with any person who has not obtained a salesperson's license to solicit for prospective
310 purchasers.
311 (2) (a) If a new motor vehicle is constructed in more than one stage, such as a motor
312 home, ambulance, or van conversion, the licensee shall advertise, represent, sell, and exchange
313 the vehicle as the make designated by the final stage manufacturer, except in those specific
314 situations where the licensee possesses a franchise from the initial or first stage manufacturer,
315 presumably the manufacturer of the motor vehicle's chassis.
316 (b) Sales of multiple stage manufactured motor vehicles shall include the transfer to the
317 purchaser of a valid manufacturer's statement or certificate of origin from each manufacturer
318 under Section 41-3-301 .
319 (3) Each licensee, except salespersons, shall maintain and make available for
320 inspection by peace officers and employees of the division:
321 (a) a record of every motor vehicle bought, or exchanged by the licensee or received or
322 accepted by the licensee for sale or exchange;
323 (b) a record of every used part or used accessory bought or otherwise acquired;
324 (c) a record of every motor vehicle bought or otherwise acquired and wrecked or
325 dismantled by the licensee;
326 (d) all buyers' orders, contracts, odometer statements, temporary permit records,
327 financing records, and all other documents related to the purchase, sale, or consignment of
328 motor vehicles; and
329 (e) a record of the name and address of the person to whom any motor vehicle or motor
330 vehicle body, chassis, or motor vehicle engine is sold or otherwise disposed of and a
331 description of the motor vehicle by year, make, and vehicle identification number.
332 (4) Each licensee required by this chapter to keep records shall:
333 (a) be kept by the licensee at least for five years; and
334 (b) furnish copies of those records upon request to any peace officer or employee of the
335 division during reasonable business hours.

336 (5) A manufacturer, distributor, distributor representative, or factory representative
337 may not induce or attempt to induce by means of coercion, intimidation, or discrimination any
338 dealer to:
339 (a) accept delivery of any motor vehicle, parts, or accessories or any other commodity
340 or commodities, including advertising material not ordered by the dealer;
341 (b) order or accept delivery of any motor vehicle with special features, appliances,
342 accessories, or equipment not included in the list price of the motor vehicle as publicly
343 advertised by the manufacturer;
344 (c) order from any person any parts, accessories, equipment, machinery, tools,
345 appliances, or any other commodity;
346 (d) enter into an agreement with the manufacturer, distributor, distributor
347 representative, or factory representative of any of them, or to do any other act unfair to the
348 dealer by threatening to cancel any franchise or contractual agreement between the
349 manufacturer, distributor, distributor branch, or factory branch and the dealer;
350 (e) refuse to deliver to any dealer having a franchise or contractual arrangement for the
351 retail sale of new and unused motor vehicles sold or distributed by the manufacturer,
352 distributor, distributor branch or factory branch, any motor vehicle, publicly advertised for
353 immediate delivery within 60 days after the dealer's order is received; or
354 (f) unfairly, without regard to the equities of the dealer, cancel the franchise of any
355 motor vehicle dealer; the nonrenewal of a franchise or selling agreement without cause is a
356 violation of this subsection and is an unfair cancellation.
357 (6) A dealer may not assist an unlicensed dealer or salesperson in unlawful activity
358 through active or passive participation in sales, or by allowing use of his facilities or dealer
359 license number, or by any other means.
360 (7) (a) The holder of any new motor vehicle dealer license issued under this chapter
361 may not sell any new motor vehicle to:
362 (i) another dealer licensed under this chapter who does not hold a valid franchise for
363 the make of new motor vehicles sold, unless the selling dealer licenses and titles the new motor
364 vehicle to the purchasing dealer; or
365 (ii) any motor vehicle leasing or rental company located within this state, or who has
366 any branch office within this state, unless the dealer licenses and titles the new motor vehicle to

367 the purchasing, leasing, or rental company.
368 (b) Subsection (7)(a)(i) does not apply to the sale of a new incomplete motor vehicle
369 with a gross vehicle weight of 12,000 or more pounds to a special equipment dealer licensed
370 under this chapter.
371 (8) A dealer licensed under this chapter may not take on consignment any new motor
372 vehicle from anyone other than a new motor vehicle dealer, factory, or distributor who is
373 licensed and franchised to distribute or sell that make of motor vehicle in this or any other
374 state.
375 (9) A body shop licensed under this chapter may not assist an unlicensed body shop in
376 unlawful activity through active or passive means or by allowing use of its facilities, name,
377 body shop number, or by any other means.
378 (10) A used motor vehicle dealer licensed under this chapter may not advertise, offer
379 for sale, or sell a new motor vehicle that has been driven less than 7,500 miles by obtaining a
380 title only to the vehicle and representing it as a used motor vehicle.
381 (11) (a) Except as provided in Subsection (11)(c), or in cases of undue hardship or
382 emergency as provided by rule by the division, a dealer or salesperson licensed under this
383 chapter may not, on consecutive days of Saturday and Sunday, sell, offer for sale, lease, or offer
384 for lease a motor vehicle.
385 (b) Each day a motor vehicle is sold, offered for sale, leased, or offered for lease in
386 violation of Subsection (11)(a) and each motor vehicle sold, offered for sale, leased, or offered
387 for lease in violation of Subsection (11)(a) shall constitute a separate offense.
388 (c) The provisions of Subsection (11)(a) shall not apply to a dealer participating in a
389 trade show or exhibition if:
390 (i) there are five or more dealers participating in the trade show or exhibition; and
391 (ii) the trade show or exhibition takes place at a location other than the principal place
392 of business of one of the dealers participating in the trade show or exhibition.
393 (12) For purposes of imposing the sales and use tax under Title 59, Chapter 12, Sales
394 and Use Tax Act, a licensee issuing a temporary permit under Section 41-3-302 shall separately
395 identify the fees required by Title 41, Chapter 1a, Motor Vehicle Act.
396 (13) (a) A dismantler or dealer engaged in the business of dismantling motor vehicles
397 for the sale of parts or salvage shall identify any vehicles or equipment used by the dismantler

398 or dealer for transporting parts or salvage on the highways.
399 (b) The identification required under Subsection (13)(a) shall:
400 (i) include the name, address, and license number of the dismantler or dealer; and
401 (ii) be conspicuously displayed on both sides of the vehicle or equipment in clearly
402 legible letters and numerals not less than two inches in height.
403 Section 7. Section 41-3-701 is amended to read:
404 41-3-701. Violations as misdemeanors.
405 (1) Except as otherwise provided in this chapter, any person who violates this chapter
406 [or any rule made by the administrator] is guilty of a class B misdemeanor.
407 (2) A person who violates Section 41-3-201 is guilty of a class A misdemeanor.
408 (3) A person who violates Section 41-3-301 is guilty of a class A misdemeanor unless
409 the selling dealer complies with the requirements of Section 41-3-403 .
410 Section 8. Section 41-3-702 is amended to read:
411 41-3-702. Civil penalty for violation.
412 (1) The following are civil violations under this chapter and are in addition to criminal
413 violations under this chapter:
414 (a) Level I:
415 (i) [failure] failing to display business license;
416 (ii) [failure] failing to surrender license of salesperson because of termination,
417 suspension, or revocation;
418 (iii) [failure] failing to maintain a separation from nonrelated motor vehicle businesses
419 at licensed locations;
420 (iv) issuing a temporary permit improperly;
421 (v) [failure] failing to maintain records;
422 (vi) selling a new motor vehicle to a nonfranchised dealer or leasing company without
423 licensing the motor vehicle;
424 (vii) special plate violation; and
425 (viii) [failure] failing to maintain a sign at principal place of business.
426 (b) Level II:
427 (i) [failure] failing to report sale;
428 (ii) dismantling without a permit;

429 (iii) manufacturing without meeting construction or vehicle identification number
430 standards;
431 (iv) withholding customer license plates; or
432 (v) selling a motor vehicle on consecutive days of Saturday and Sunday.
433 (c) Level III:
434 (i) operating without a principal place of business;
435 (ii) selling a new motor vehicle without holding the franchise;
436 (iii) crushing a motor vehicle without proper evidence of ownership;
437 (iv) selling from an unlicensed location;
438 (v) altering a temporary permit;
439 (vi) refusal to furnish copies of records;
440 (vii) assisting an unlicensed dealer or salesperson in sales of motor vehicles; [and]
441 (viii) advertising violation[.];
442 (ix) failing to separately identify the fees required by Title 41, Chapter 1a, Motor
443 Vehicle Act; and
444 (x) encouraging or conspiring with unlicensed persons to solicit for prospective
445 purchasers.
446 (2) (a) The schedule of civil penalties for violations of Subsection (1) is:
447 (i) Level I: $25 for the first offense, $100 for the second offense, and $250 for the third
448 and subsequent offenses;
449 (ii) Level II: $100 for the first offense, $250 for the second offense, and $1,000 for the
450 third and subsequent offenses; and
451 (iii) Level III: $250 for the first offense, $1,000 for the second offense, and $5,000 for
452 the third and subsequent offenses.
453 (b) When determining under this section if an offense is a second or subsequent
454 offense, only prior offenses committed within the 12 months prior to the commission of the
455 current offense may be considered.
456 (3) The following are civil violations in addition to criminal violations under Section
457 41-1a-1008 :
458 (a) knowingly selling a salvage vehicle, as defined in Section 41-1a-1001 , without
459 disclosing that the salvage vehicle has been repaired or rebuilt;

460 (b) knowingly making a false statement on a vehicle damage disclosure statement, as
461 defined in Section 41-1a-1001 ; or
462 (c) fraudulently certifying that a damaged motor vehicle is entitled to an unbranded
463 title, as defined in Section 41-1a-1001 , when it is not.
464 (4) The civil penalty for a violation under Subsection (3) is:
465 (a) not less than $1,000, or treble the actual damages caused by the person, whichever
466 is greater; and
467 (b) reasonable attorneys' fees and costs of the action.
468 (5) A civil action may be maintained by a purchaser or by the administrator.
469 Section 9. Section 41-6a-1115 is amended to read:
470 41-6a-1115. Motor assisted scooters -- Conflicting provisions -- Restrictions --
471 Penalties.
472 (1) (a) Except as otherwise provided in this section, a motor assisted scooter is subject
473 to the provisions under this chapter for a bicycle, moped, or a motor-driven cycle.
474 (b) For a person operating a motor assisted scooter, the following provisions do not
475 apply:
476 (i) seating positions under Section 41-6a-1501 ;
477 (ii) required lights, horns, and mirrors under Section 41-6a-1506 ;
478 (iii) entitlement to full use of a lane under Subsection 41-6a-1502 (1); and
479 (iv) driver licensing requirements under Section 53-3-202 .
480 (2) A person under 15 years of age may not operate a motor assisted scooter using the
481 motor unless the person is under the direct supervision of the person's parent or guardian.
482 (3) A person under eight years of age may not operate a motor assisted scooter with the
483 motor running on any public property, highway, path, or sidewalk.
484 (4) A person may not operate a motor assisted scooter:
485 (a) in a public parking structure;
486 (b) on public property posted as an area prohibiting skateboards;
487 (c) on a highway consisting of a total of four or more lanes designated for regular
488 vehicular traffic;
489 (d) on a highway with a posted speed limit greater than 25 miles per hour;
490 (e) while carrying more persons at one time than the number for which it is designed;

491 or
492 (f) that has been structurally or mechanically altered from the original manufacturer's
493 design.
494 (5) Except where posted or prohibited by [rule or] local ordinance, a motor assisted
495 scooter is considered a nonmotorized vehicle if it is being used with the motor turned off.
496 (6) An owner may not authorize or knowingly permit a person to operate a motor
497 assisted scooter in violation of this section.
498 (7) A person who violates this section is guilty of a class C misdemeanor.
499 Section 10. Section 51-7-22.4 is amended to read:
500 51-7-22.4. Penalties for violation by certified investment advisers.
501 (1) [Each] An intentional violation by a certified investment adviser [who intentionally
502 violates] of Section 51-7-7 , 51-7-11 , or 51-7-11.5 , or [who intentionally violates] any rule or
503 order under this chapter is [guilty of a third degree felony.] punishable by a civil penalty of:
504 (a) $1,000 for each day of noncompliance for the investment adviser; and
505 (b) $5,000 for each day of noncompliance for the firm or institution where the certified
506 investment adviser is employed.
507 (2) In addition to any other penalty for a criminal violation of this chapter, the
508 sentencing judge may impose any penalty or remedy provided for in Subsection
509 51-7-22.5 (1)(b).
510 (3) Funds collected under Subsection (1) shall be deposited in the General Fund.
511 Section 11. Section 53-7-226 is amended to read:
512 53-7-226. Violations -- Misdemeanor.
513 A person is guilty of a class B misdemeanor if he:
514 (1) violates this part;
515 (2) violates any order made under this part;
516 (3) produces, reproduces, or uses the official seal of registration of the division in any
517 manner or for any purpose inconsistent with the [rules of the board] designated purpose of the
518 seal;
519 (4) removes, uses, or damages service tags or other labels or markings [required by the
520 board] in a manner inconsistent with the [rules of the board] designated use of the service tag;
521 (5) engages in the sale, storage, or handling of class C fireworks without a permit

522 where a local government requires a permit;
523 (6) sells at retail, transports, possesses, or discharges [fireworks that are not approved
524 under rules made by the board] class C dangerous explosives as defined in Section 53-7-202 ;
525 (7) performs or intends to perform services or induces the public to enter into any
526 obligation relating to the performance of those services that are untrue, misleading, or
527 reasonably known to be untrue or misleading; or
528 (8) builds in violation of the division's plan review or written instructions conducted on
529 building specifications, building plans, or amendments of those specifications or plans as
530 required under this part.
531 Section 12. Section 59-14-212 is amended to read:
532 59-14-212. Reporting of imported cigarettes -- Penalty.
533 (1) Except as provided under Subsection (2), any manufacturer, distributor, wholesaler,
534 or retail dealer who under Section 59-14-205 affixes a stamp to an individual package or
535 container of cigarettes imported to the United States shall provide to the commission the
536 following as they pertain to the imported cigarettes:
537 (a) a copy of the importer's federal import permit;
538 (b) the customs form showing the tax information required by federal law;
539 (c) a statement signed under penalty of perjury by the manufacturer or importer that the
540 manufacturer or importer has complied with:
541 (i) 15 U.S.C. 1333 of the Federal Cigarette Labeling and Advertising Act, regarding
542 warning labels and other package information; and
543 (ii) 15 U.S.C. 1335a of the Federal Cigarette Labeling and Advertising Act, regarding
544 reporting of added ingredients;
545 (d) the name of the person from whom the person affixing the stamp received the
546 cigarettes;
547 (e) the name of the person to whom the person affixing the stamp delivered the
548 cigarettes, unless the person receiving the cigarettes was the ultimate consumer;
549 (f) the quantity of cigarettes in the package or container; and
550 (g) the brand and brand style of the cigarettes.
551 (2) Subsection (1) does not apply to cigarettes sold or intended to be sold as duty-free
552 merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C.

553 1555(b) and any implementing regulations unless the cigarettes are brought back into the
554 customs territory for resale within the customs territory.
555 (3) The information under Subsection (1) shall be provided on a quarterly basis
556 [pursuant to rules established by the commission in accordance with Title 63, Chapter 46a,
557 Utah Administrative Rulemaking Act] on forms specified by the agency.
558 (4) A person who fails to comply with the reporting requirement or provides false or
559 misleading information under Subsection (1):
560 (a) is guilty of a class B misdemeanor; and
561 (b) may be subject to:
562 (i) revocation or suspension of a license issued under Section 59-14-202 ; and
563 (ii) a civil penalty imposed by the commission in an amount not to exceed the greater
564 of:
565 (A) 500% of the retail value of the cigarettes for which a report was not properly made;
566 or
567 (B) $5,000.
568 (5) The information under Subsection (1) may be disclosed by the commission as
569 provided under Subsection 59-1-403 (3)(g).
570 Section 13. Section 65A-3-1 is amended to read:
571 65A-3-1. Trespassing on state lands -- Penalties.
572 (1) A person is guilty of a class B misdemeanor and liable for the civil damages
573 prescribed in Subsection [(2)] (3) if [he: (a)], without written authorization from the division,
574 the person:
575 [(i)] (a) removes, extracts, uses, consumes, or destroys any mineral resource, gravel,
576 sand, soil, vegetation, or improvement on state lands;
577 [(ii)] (b) grazes livestock on state lands;
578 [(iii)] (c) uses, occupies, or constructs improvements or structures on state lands;
579 [(iv)] (d) uses or occupies state lands for more than 30 days after the cancellation or
580 expiration of written authorization;
581 [(v)] (e) knowingly and willfully uses state lands for commercial gain; [or]
582 [(vi)] (f) appropriates, alters, injures, or destroys any historical, prehistorical,
583 archaeological, or paleontological resource on state lands[; or]

584 [(b) uses or occupies state lands in violation of division rules.]
585 (g) camps on the beds of navigable lakes and rivers except in posted and designated
586 areas; or
587 (h) parks or operates motor vehicles on the beds of navigable lakes and rivers except in
588 those areas supervised by the Division of Parks and Recreation or other state or local
589 enforcement entity and which are posted as open to vehicle use.
590 (2) A person is guilty of a class C misdemeanor and liable for civil damages prescribed
591 in Subsection (3) if the person is in violation of any of the following regarding Bear Lake:
592 (a) from October 1 through April 30, motor vehicle use and camping or picnicking are
593 allowed on the exposed lake bed, except that:
594 (i) motor vehicles are not allowed on lands administered by the Division of Parks and
595 Recreation;
596 (ii) the speed limit is 20 miles per hour;
597 (iii) except as necessary to launch or retrieve watercraft, motor vehicles are not allowed
598 within 100 feet of the water's edge; and
599 (iv) motor vehicle travel parallel to the water's edge is allowed, except within 100 feet
600 of the water's edge.
601 (b) From May 1 through September 30, motor vehicle use and camping or picnicking
602 are allowed on the exposed lake bed, except that:
603 (i) motorized vehicle usage is not allowed in areas specifically posted prohibiting
604 usage;
605 (ii) the established speed limit is 15 miles per hour;
606 (iii) except as necessary to launch or retrieve watercraft, motor vehicles are not allowed
607 within 100 feet of the waters edge;
608 (iv) unless posted, no motor vehicles may travel parallel to the waters edge;
609 (v) camping and use of motorized vehicles are prohibited between the hours of 10 p.m.
610 and 7 a.m.; and
611 (vi) no campfires or fireworks are allowed.
612 [(2)] (3) A person who commits any act described in Subsection (1) or (2) is liable for
613 damages in the amount of:
614 (a) three times the value of the mineral or other resource removed, destroyed, or

615 extracted;
616 (b) three times the [amount] value of damage committed; or
617 (c) three times the consideration which would have been charged by the division for
618 use of the land during the period of trespass.
619 [(3)] (4) In addition to the damages described in Subsection [(2)] (3), a person found
620 guilty of a misdemeanor under Subsection (1) or (2) is subject to the penalties provided in
621 Section 76-3-204 .
622 [(4)] (5) Money collected under this section shall be deposited in the fund in which
623 [like] similar revenues from that land would be deposited.
624 Section 14. Section 76-10-1233 (Effective 05/01/06) is amended to read:
625 76-10-1233 (Effective 05/01/06). Content providers -- Material harmful to minors.
626 (1) A content provider that is domiciled in Utah, or generates or hosts content in Utah,
627 shall restrict access to material harmful to minors.
628 [(2) The Division of Consumer Protection shall make rules in accordance with Title 63,
629 Chapter 46a, Utah Administrative Rulemaking Act, to establish acceptable rating methods to
630 be implemented by a content provider under Subsection (1).]
631 [(3)] (2) If the attorney general determines that a content provider violates Subsection
632 (1), the attorney general shall:
633 (a) notify the content provider that the content provider is in violation of Subsection
634 (1); and
635 (b) notify the content provider that the content provider has 30 days to comply with
636 Subsection (1) or be subject to Subsection [(4)] (3).
637 [(4)] (3) If a content provider violates this section more than 30 days after receiving the
638 notice provided in Subsection [(3)] (2), the content provider is guilty of a third degree felony.
639 Section 15. Section 76-10-1234 is enacted to read:
640 76-10-1234. Rulemaking authority.
641 The Division of Consumer Protection shall make rules in accordance with Title 63,
642 Chapter 46a, Utah Administrative Rulemaking Act, to establish acceptable rating methods to
643 be implemented by a content provider under Subsection 76-10-1233 (1).