S.B. 110

1

OIL AND GAS LIMITATION OF ACTIONS
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kevin T. Van Tassell
6 House Sponsor: John G. Mathis
7
8 LONG TITLE
9 General Description:
10 This bill amends a provision establishing a statute of limitations for an action relating to
11 oil or gas development.
12 Highlighted Provisions:
13 This bill:
14 . changes the one year statute of limitations for a violation of Title 40, Chapter 6,
15 Board of Oil, Gas, and Mining, to only apply to an action relating to a report or
16 record.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 40-6-12, as last amended by Laws of Utah 2007, Chapter 322
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 40-6-12 is amended to read:
27 40-6-12. Evasion of chapter or orders -- Penalties -- Limitation of actions.

28 (1) (a) A person is guilty of a class A misdemeanor if, for the purpose of evading this
29 chapter or any order of the board, he is convicted of any of the following:
30 (i) making or causing to be made any false entry in any report, record, account, or
31 memorandum required by this chapter or by any order;
32 (ii) omitting or causing to be omitted from any report, record, account, or
33 memorandum, full, true, and correct entries as required by this chapter or by any order; or
34 (iii) removing from this state or destroying, mutilating, altering, or falsifying any
35 record, account, or memorandum.
36 (b) Upon conviction under Subsection (1), a person is subject to a fine of not more than
37 $5,000 or imprisonment for a term not exceeding six months, or to both fine and imprisonment.
38 (2) Any suit, action, or other proceeding based upon a violation of this [chapter or any
39 rule or order of the board] section may be commenced only within one year from the date of the
40 alleged violation.




Legislative Review Note
as of 12-18-08 2:56 PM

Office of Legislative Research and General Counsel