(1) 

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 13-32a-106

  • Catalytic converter: means the same as that term is defined in Section 76-6-1402. See Utah Code 13-32a-102
  • Catalytic converter purchase: means a purchase from an individual of a used catalytic converter that is no longer affixed to a vehicle. See Utah Code 13-32a-102
  • Catalytic converter purchaser: means a person who purchases a used catalytic converter in a catalytic converter purchase. See Utah Code 13-32a-102
  • database: means the electronic database created and operated under Section 13-32a-105. See Utah Code 13-32a-102
  • Division: means the Division of Consumer Protection created in Chapter 1, Department of Commerce. See Utah Code 13-32a-102
  • Local law enforcement agency: means the law enforcement agency that has direct responsibility for ensuring compliance with central database reporting requirements for the jurisdiction where the pawn or secondhand business or catalytic converter purchaser is located. See Utah Code 13-32a-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Pawn or secondhand business: means a business operated by a pawnbroker or secondhand merchandise dealer, or the owner or operator of the business. See Utah Code 13-32a-102
  • Ticket: means a document upon which information is entered when a pawn transaction or secondhand merchandise transaction is made. See Utah Code 13-32a-102
(a)  Except as provided in Subsection 13-32a-104.6(4), a pawn or secondhand business or catalytic converter purchaser shall transmit electronically in a compatible format information required to be recorded under Sections 13-32a-104, 13-32a-104.5, 13-32a-104.6, and 13-32a-104.7 that is capable of being transmitted electronically to the central database within 24 hours after entering into the transaction.

(b)  The division may specify by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the information capable of being transmitted electronically under Subsection (1)(a).

(2) 

(a)  A pawn or secondhand business shall maintain tickets generated by the pawn or secondhand business and shall maintain the tickets in a manner so that the tickets are available to local law enforcement agencies as required by this chapter and as requested by any law enforcement agency as part of an investigation or reasonable random inspection conducted under this chapter.

(b) 

(i)  A catalytic converter purchaser is not required to generate or maintain a ticket for a catalytic converter purchase.

(ii)  A catalytic converter purchaser shall make the information documented under Section 13-32a-104.7 available to a local law enforcement agency in accordance with this chapter and upon request by a law enforcement agency as part of an investigation or reasonable random inspection conducted under this chapter.

(3) 

(a)  If a pawn or secondhand business or catalytic converter purchaser experiences a computer or electronic malfunction that affects the business’s or purchaser’s ability to report transactions as required in Subsection (1), the pawn or secondhand business or catalytic converter purchaser shall immediately notify the division and the local law enforcement agency of the malfunction.

(b)  The pawn or secondhand business or catalytic converter purchaser shall solve the malfunction within three business days after the day on which the business or purchaser experiences the malfunction or notify the division and the local law enforcement agency under Subsection (4).

(4)  If the computer or electronic malfunction under Subsection (3) cannot be solved within three business days after the day on which the pawn or secondhand business or catalytic converter purchaser experiences the malfunction, the pawn or secondhand business or catalytic converter purchaser shall notify the division and the local law enforcement agency of the reasons for the delay and provide documentation from a reputable computer maintenance company of the reasons why the computer or electronic malfunction cannot be solved within three business days.

(5)  A computer or electronic malfunction does not suspend the obligation of the pawn or secondhand business or catalytic converter purchaser to comply with all other provisions of this chapter.

(6)  During the malfunction under Subsections (3) and (4), the pawn or secondhand business or catalytic converter purchaser shall:

(a)  arrange with the local law enforcement agency a mutually acceptable alternative method by which the pawn or secondhand business or catalytic converter purchaser provides the required information to the local law enforcement agency; and

(b)  a pawn or secondhand business or catalytic converter purchaser shall maintain the tickets, if applicable, and other related information required under this chapter in a written form.

(7)  A pawn or secondhand business or catalytic converter purchaser that violates the electronic transaction reporting requirement under this section is subject to an administrative fine of $50 per day if:

(a)  the pawn or secondhand business or catalytic converter purchaser is unable to submit the information electronically due to a computer or electronic malfunction;

(b)  the three business day period under Subsection (3) has expired; and

(c)  the pawn or secondhand business or catalytic converter purchaser has not provided documentation regarding the pawn or secondhand business’s or catalytic converter purchaser’s inability to solve the malfunction as required under Subsection (4).

(8)  A pawn or secondhand business or catalytic converter purchaser is not responsible for a delay in transmission of information that results from a malfunction in the central database.

(9)  A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110.

Amended by Chapter 201, 2022 General Session
Amended by Chapter 274, 2022 General Session

  Previous section
Next section  
 Chapter 32a Contents