Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 269 (2016GS)

Sponsor

Rep. Cox, F.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• states that a dealer or seller who is convicted of a misdemeanor under Title 76, Chapter 6, Part 14, Regulation of Metal Dealers, is also subject to a mandatory fine; and
• makes technical changes.

Every vote on this bill

Bill text

RECYCLING OF COPPER WIRE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Fred C. Cox
Senate Sponsor: 
Scott K. Jenkins
LONG TITLE
General Description:
This bill modifies penalties associated with violations of Title 76, Chapter 6, Part 14,
Regulation of Metal Dealers.
Highlighted Provisions:
This bill:
▸ states that a dealer or seller who is convicted of a misdemeanor under Title 76,
Chapter 6, Part 14, Regulation of Metal Dealers, is also subject to a mandatory fine;
and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-1407
, as renumbered and amended by Laws of Utah 2013, Chapter 187
76-6-1408
, as renumbered and amended by Laws of Utah 2013, Chapter 187
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-6-1407
 is amended to read:
76-6-1407.
Violation by dealer -- Penalty -- Local regulation not less stringent.
(1) (a) 
(i)
 Any dealer who violates any of the provisions of this part is guilty of a class
C misdemeanor.
(ii) Any dealer who is convicted of a class C misdemeanor under this section is subject
to a mandatory fine of no less than $750.
(b) 
(i)
 A violation of Subsection (1)(a) that occurs after the defendant has been
convicted of a violation of Subsection (1)(a) is a class A misdemeanor.
(ii) Any dealer who is convicted of a class A misdemeanor under this section is subject
to a mandatory fine of no less than $2,500.
(2) This section does not impair the authority of a county or municipality in this state to
license, tax, and regulate any junk dealer or metal dealer, except that local regulations may not
be any less stringent than the provisions in this part.
(3) This section does not impair the authority of a county or municipality to revoke or
deny any business license or permit required by that county or municipality regulating the
authority to sell, purchase, or possess metal, including the revocation or denial of a business
license or permit based on a violation of this part.
(4) This section does not prohibit the charging of a seller or dealer with any other
criminal offense related to the obtaining, possession, or selling of stolen regulated metals.
Section 2. Section 
76-6-1408
 is amended to read:
76-6-1408.
Falsification of seller's statement to dealer.
(1) 
(a)
 Any seller who, in providing any information as required by this part in selling,
offering, or attempting to sell regulated metal willfully makes a false statement or provides any
untrue information, is guilty of a class B misdemeanor.
(b) Any seller who is convicted of a class B misdemeanor under this section is subject
to a mandatory fine of no less than $1,000.
(2) 
(a)
 A violation of Subsection (1) that occurs after the defendant has been convicted
of a violation of Subsection (1) is a class A misdemeanor.
(b) Any seller who is convicted of a class A misdemeanor under this section is subject
to a mandatory fine of no less than $2,500.