H.B. 96 Enrolled

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MOTOR VEHICLE DEALER AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patrick Painter
5 Senate Sponsor: Dan R. Eastman
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicle Business Regulation Act by amending provisions
10 relating to motor vehicle dealer license requirements.
11 Highlighted Provisions:
12 This bill:
13 . provides that each transaction a person arranges, offers to arrange, or brokers
14 involving the sale or lease of a motor vehicle for a fee, commission, or other
15 compensation is a separate violation if the person:
16 . has sold two or more motor vehicles in the previous consecutive 12-month
17 period; and
18 . is not licensed as a dealer;
19 . provides that once a person has committed the offense of acting as a dealer without
20 a license, each additional motor vehicle the person sells, displays for sale, offers for
21 sale or exchange, or leases in the 12-month period is a separate violation; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 41-3-201.5, as enacted by Chapter 187, Laws of Utah 1997

30 41-3-701, as last amended by Chapters 165 and 221, Laws of Utah 1993
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-3-201.5 is amended to read:
34 41-3-201.5. Brokering of a new motor vehicle without a license prohibited.
35 (1) (a) A person may not, for a fee, commission, or other form of compensation,
36 arrange, offer to arrange, or broker a transaction involving the sale or lease of more than two
37 new motor vehicles in any 12 consecutive month period, unless the person is licensed under
38 Subsection 41-3-202 (1).
39 (b) Each transaction a person arranges, offers to arrange, or brokers involving the sale
40 or lease of a motor vehicle for a fee, commission, or other form of compensation is a separate
41 violation under this section if:
42 (i) the person has for a fee, commission, or other form of compensation, arranged,
43 offered to arrange, or brokered the sale or lease of more than two new motor vehicles within
44 the previous 12 consecutive month period; and
45 (ii) the person is not licensed under Subsection 41-3-202 (1).
46 (2) A person who violates this section is guilty of a class B misdemeanor.
47 Section 2. Section 41-3-701 is amended to read:
48 41-3-701. Violations as misdemeanors.
49 (1) Except as otherwise provided in this chapter, any person who violates this chapter
50 or any rule made by the administrator is guilty of a class B misdemeanor.
51 (2) (a) A person who violates Section 41-3-201 is guilty of a class A misdemeanor.
52 (b) Once a person has met the criteria for the offense of acting as a dealer without a
53 license, each additional motor vehicle the person sells, displays for sale, offers for sale or
54 exchange, or leases in that 12-month period without becoming licensed under Section 41-3-202
55 is a separate violation.
56 (3) A person who violates Section 41-3-301 is guilty of a class A misdemeanor unless
57 the selling dealer complies with the requirements of Section 41-3-403 .

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