reglab/housing_qa huggingface dataset:
UT Code § 13-32a-109.5 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 109.5 - Seizure of property -- Notification to pawn or secondhand business.

 Effective 5/14/2019  13-32a-109.5. Seizure of property -- Notification to pawn or secondhand business.  If a law enforcement agency determines seizure of property pawned or sold to a pawn or secondhand business is necessary under this chapter during the course of a criminal investigation, in addition to the hold provisions under Section 13-32a-109, the law enforcement agency shall:   (1) notify the pawn or secondhand business of the specific property to be seized; and     (2) issue to the pawn or secondhand business a seizure form approved by the division and that:   (a) provides the active case number related to the property to be seized;     (b) provides the date of the seizure request;     (c) provides the reason for the seizure;     (d) describes the property to be seized;     (e) states each reason the property is necessary during the course of a criminal investigation; and     (f) includes any information that facilitates the pawn or secondhand business' ability to track the property when the prosecution agency takes over the case.      Amended by Chapter 309, 2019 General Session
UT Code § 13-32a-110 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 110 - Administrative or civil penalties -- Criminal prosecution.

 Effective 5/5/2021  13-32a-110. Administrative or civil penalties -- Criminal prosecution.    (1) A violation of any of the following sections is subject to an administrative or civil penalty of not more than $500:   (a) Section 13-32a-104, ticket required to be maintained;     (b) Section 13-32a-104.5, ticket by coin dealer to be maintained;     (c) Section 13-32a-104.6, ticket by automated recycling kiosk operator to be maintained;     (d) Section 13-32a-106, transaction information provided to law enforcement;     (e) Section 13-32a-108, retention of records;     (f) Section 13-32a-109, holding period for pawned or purchased property;     (g) Section 13-32a-110.5, transactions with certain individuals prohibited;     (h) Section 13-32a-111, payment of fees as required; or     (i) Section 13-32a-112.1, training requirements for pawn or secondhand business employees and officers of participating law enforcement agencies.       (2) This section does not prohibit civil action by a governmental entity regarding the pawn or secondhand business' operation or licenses.     (3) The imposition of civil penalties under this section does not prohibit criminal prosecution by a governmental entity for criminal violations of this chapter.    Amended by Chapter 66, 2021 General Session
UT Code § 13-32a-110.5 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 110.5 - Transactions with certain individuals prohibited.

 Effective 5/14/2019  13-32a-110.5. Transactions with certain individuals prohibited.  A pawn or secondhand business may not engage in a pawn transaction or secondhand merchandise transaction with an individual who:   (1) is younger than 18 years of age; or     (2) appears to be under the influence of alcohol or a controlled substance.    Amended by Chapter 309, 2019 General Session
UT Code § 13-32a-111 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 111 - Fees to fund account.

 Effective 5/12/2020  13-32a-111. Fees to fund account.    (1)   (a) A pawn or secondhand business in operation shall pay an annual fee, no more than $500, set in accordance with Section 63J-1-504.     (b) A law enforcement agency within Utah that participates in the use of the central database shall pay an annual fee set in accordance with Section 63J-1-504.     (c) A law enforcement agency outside Utah that requests access to the central database shall pay an annual fee set in accordance with Section 63J-1-504.       (2) A fee paid under Subsection (1) shall be paid annually to the division on or before January 31.     (3) A fee received by the division under this section shall be deposited into the account.     (4) The division may only increase fees for a pawn or secondhand business under Section 63J-1-504.    Amended by Chapter 354, 2020 General Session
UT Code § 13-32a-112.1 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 112.1 - Annual training.

 Effective 5/14/2019  13-32a-112.1. Annual training.    (1)   (a) The division shall provide training sessions, whether online or in-person, at least once each year regarding compliance with this chapter and other applicable state laws.     (b) A pawn or secondhand business shall ensure that each individual employed by the pawn or secondhand business with access to the central database annually completes the training described in Subsection (1)(a) in order for that individual to continue to have access to the central database.     (c) A law enforcement agency participating in the use of the central database shall ensure that each individual employed by the law enforcement agency with access to the central database annually completes the training described in Subsection (1)(a) in order for that individual to continue to have access to the central database.       (2) The division shall monitor and keep a record of training completion.    Enacted by Chapter 309, 2019 General Session
UT Code § 13-32a-112.5 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 112.5 - Temporary businesses subject to chapter.

 Effective 5/14/2019  13-32a-112.5. Temporary businesses subject to chapter.  A pawn or secondhand business that operates on a temporary basis or from a location that is not a permanent retail location:   (1) shall comply with this chapter; and     (2) is subject to enforcement of this chapter.    Amended by Chapter 309, 2019 General Session
UT Code § 13-32a-113 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 113 - Pawnbroker and Secondhand Merchandise Operations Restricted Account.

 Effective 5/14/2019  13-32a-113. Pawnbroker and Secondhand Merchandise Operations Restricted Account.    (1) There is created within the General Fund a restricted account known as the "Pawnbroker and Secondhand Merchandise Operations Restricted Account."     (2)   (a) The account shall be funded from fees and administrative and civil fines imposed and collected under Sections 13-32a-106, 13-32a-110, and 13-32a-111. These fees and administrative and civil fines shall be paid to the division, which shall deposit them in the account.     (b) The Legislature shall appropriate funds in this account to the division for:   (i) the costs of providing training required under this chapter;     (ii) the costs of the central database created in Section 13-32a-105; and     (iii) the division's costs of administering the chapter.        Amended by Chapter 309, 2019 General Session
UT Code § 13-32a-114 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 114 - Preemption of local ordinances -- Exceptions.

 Effective 5/14/2019  13-32a-114. Preemption of local ordinances -- Exceptions.    (1) This chapter preempts town, city, county, and other local ordinances governing pawn or secondhand businesses, if the ordinances are more restrictive than the provisions of this chapter or are not consistent with this chapter.     (2) Subsection (1) does not preclude a city, county, or other local governmental unit from:   (a) enacting or enforcing local ordinances concerning public health, safety, or welfare, if the ordinances are uniform and equal in application to pawn and secondhand businesses and other retail businesses or activities;     (b) requiring a pawn or secondhand business to obtain and maintain a business license and providing for revocation of the business license based on multiple violations of Section 76-6-408; and     (c) enacting zoning ordinances that restrict areas where pawn or secondhand businesses and other retail businesses or activities can be located.      Amended by Chapter 309, 2019 General Session
UT Code § 13-32a-115 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 115 - Criminal investigation -- Prosecution -- Property disposition.

 Effective 5/14/2019  13-32a-115. Criminal investigation -- Prosecution -- Property disposition.    (1) If the property pawned or sold to a pawn or secondhand business is the subject of a criminal investigation and a hold has been placed on the property under Section 13-32a-109, the original victim shall do the following to establish a claim:   (a) positively identify to law enforcement the property stolen or lost;     (b) if a police report has not already been filed for the original theft or loss of property, file a police report, and provide for the law enforcement agency information surrounding the original theft or loss of property; and     (c) give a sworn statement under penalty of law that:   (i) claims ownership of the property;     (ii) references the original theft or loss; and     (iii) identifies the perpetrator if known.         (2) The pawn or secondhand business shall retain possession of any property subject to a hold until a criminal prosecution is commenced relating to the property for which the hold was placed unless:   (a) during the course of a criminal investigation the actual physical possession by law enforcement of the property purchased or pawned is essential for the purpose of forensic testing of the property, or if the property contains unique or sensitive personal identifying information; or     (b) an agreement between the original victim and the pawn or secondhand business to return the property is reached.       (3)   (a) Upon the commencement of a criminal prosecution, any property subject to a hold for investigation under this chapter may be seized by the law enforcement agency that requested the hold.     (b) Subsequent disposition of the property shall be consistent with this chapter.       (4) At all times during the course of a criminal investigation and subsequent prosecution, the property subject to a law enforcement hold shall be kept secure by the pawn or secondhand business subject to the hold unless the pawned or purchased property has been seized by the law enforcement agency pursuant to Section 13-32a-109.5.    Amended by Chapter 309, 2019 General Session
UT Code § 13-32a-116 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 116 - Property disposition -- Property subject to prosecution -- Property not used as evidence.

 Effective 5/14/2019  13-32a-116. Property disposition -- Property subject to prosecution -- Property not used as evidence.  When property that is pawned or sold to a pawn or secondhand business is the subject of a criminal proceeding, and has been seized by law enforcement pursuant to this chapter, the prosecuting agency shall notify the seizing agency, the original victim, and the pawn or secondhand business in compliance with Subsection 13-32a-109(8), if the prosecuting agency determines the article is no longer needed as evidence pending resolution of the criminal case. Amended by Chapter 309, 2019 General Session
UT Code § 13-32a-116.5 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 32a - Pawnshop and Secondhand Merchandise Transaction Information Act|Section 116.5 - Contested disposition of property - Procedure.

 Effective 5/14/2019  13-32a-116.5. Contested disposition of property - Procedure.     (1) If a pawn or secondhand business receives notice from a law enforcement agency under Section 13-32a-109 that property that is the subject of a hold or seizure shall be returned to an identified original victim, the pawn or secondhand business may contest the determination and seek a specific alternative disposition if within 15 business days after the day on which the pawn or secondhand business receives the notice:   (a) the pawn or secondhand business gives notice to the identified original victim, by certified mail, that the pawn or secondhand business contests the determination to return the property to the original victim; and     (b) files a petition in a court having jurisdiction over the matter to determine rightful ownership of the property as provided in Section 24-3-104.       (2) A pawn or secondhand business is guilty of a class B misdemeanor if the pawn or secondhand business:   (a) holds or sells property in violation of a notification from a law enforcement agency that the property is to be returned to an original victim; and     (b) the pawn or secondhand business does not comply with the requirements of this section within the time periods specified.       Amended by Chapter 309, 2019 General Session
UT Code § 13-42-101 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 101 - Title.

13-42-101. Title.  This chapter shall be known as the "Uniform Debt-Management Services Act."  Enacted by Chapter 154, 2006 General Session
UT Code § 13-42-103 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 103 - Exempt agreements and persons.

13-42-103. Exempt agreements and persons.    (1) This chapter does not apply to an agreement with an individual who the provider has no reason to know resides in this state at the time of the agreement.     (2) This chapter does not apply to a provider to the extent that the provider:   (a) provides or agrees to provide debt-management, educational, or counseling services to an individual who the provider has no reason to know resides in this state at the time the provider agrees to provide the services; or     (b) receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors.       (3) This chapter does not apply to the following persons or their employees when the person or the employee is engaged in the regular course of the person's business or profession:   (a) a judicial officer, a person acting under an order of a court or an administrative agency, or an assignee for the benefit of creditors;     (b) a bank;     (c) an affiliate, as defined in Subsection 13-42-102(2)(b)(i), of a bank if the affiliate is regulated by a federal or state banking regulatory authority; or     (d) a title insurer, escrow company, or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.      Enacted by Chapter 154, 2006 General Session
UT Code § 13-42-104 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 104 - Registration required.

13-42-104. Registration required.    (1) Except as otherwise provided in Subsection (2), a provider may not provide debt-management services to an individual who it reasonably should know resides in this state at the time it agrees to provide the services, unless the provider is registered under this chapter.     (2) If a provider is registered under this chapter, Subsection (1) does not apply to an employee or agent of the provider.     (3) The administrator shall maintain and publicize a list of the names of all registered providers.    Enacted by Chapter 154, 2006 General Session
UT Code § 13-42-105 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 105 - Application for registration -- Form, fee, and accompanying documents.

13-42-105. Application for registration -- Form, fee, and accompanying documents.    (1) An application for registration as a provider shall be in a form prescribed by the administrator.     (2) Subject to adjustment of dollar amounts pursuant to Subsection 13-42-132(6), an application for registration as a provider shall be accompanied by:   (a) the fee established by the administrator in accordance with Section 63J-1-504;     (b) the bond required by Section 13-42-113;     (c) identification of all trust accounts subject to Section 13-42-122 and an irrevocable consent authorizing the administrator to review and examine the trust accounts;     (d) evidence of insurance in the amount of $250,000:   (i) against the risks of dishonesty, fraud, theft, and other misconduct on the part of the applicant or a director, employee, or agent of the applicant;     (ii) issued by an insurance company authorized to do business in this state and rated at least A or equivalent by a nationally recognized rating organization approved by the administrator;     (iii) with a deductible not exceeding $5,000;     (iv) payable to the applicant and this state for the benefit of the residents of this state, as their interests may appear; and     (v) not subject to cancellation by the applicant or the insurer until 60 days after written notice has been given to the administrator;       (e) a record consenting to the jurisdiction of this state containing:   (i) the name, business address, and other contact information of its registered agent in this state for purposes of service of process; or     (ii) the appointment of the administrator as agent of the provider for purposes of service of process; and       (f) if the applicant is organized as a not-for-profit entity or has obtained tax exempt status under the Internal Revenue Code, 26 U.S.C. Sec. 501, evidence of not-for-profit or tax-exempt status, or both.       (3)   (a) The administrator may waive or reduce the insurance requirement in Subsection (2)(d) if the provider does not:   (i) maintain control of a trust account or receive money paid by an individual pursuant to a plan for distribution to creditors;     (ii) make payments to creditors on behalf of individuals;     (iii) collect fees by means of automatic payment from individuals; and     (iv) execute any powers of attorney that may be utilized by the provider to collect fees from or expend funds on behalf of an individual.       (b) A waiver or reduction in insurance requirements allowed by the administrator under Subsection (3)(a) shall balance the reduction in risk posed by a provider meeting the stated requirements against any continued need for insurance against employee and director dishonesty.      Amended by Chapter 152, 2012 General Session
UT Code § 13-42-107 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 107 - Application for registration -- Obligation to update information.

13-42-107. Application for registration -- Obligation to update information.  An applicant or registered provider shall notify the administrator no later than 10 days after a change in the information specified in Subsection 13-42-105(2)(d) or (f) or Subsection 13-42-106(1), (3), (6), (12), or (13).  Amended by Chapter 152, 2012 General Session
UT Code § 13-42-108 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 108 - Application for registration -- Public information.

13-42-108. Application for registration -- Public information.  Except for the information required by Subsections 13-42-106(7), (14), and (17) and the addresses required by Subsection 13-42-106(4), the administrator shall make the information in an application for registration as a provider available to the public.  Enacted by Chapter 154, 2006 General Session
UT Code § 13-42-109 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 109 - Certification of registration -- Issuance or denial.

13-42-109. Certification of registration -- Issuance or denial.    (1) Except as otherwise provided in Subsections (2) and (3), the administrator shall issue a certificate of registration as a provider to a person that complies with Sections 13-42-105 and 13-42-106.     (2) The administrator may deny registration if:   (a) the application contains information that is materially erroneous or incomplete;     (b) an officer, director, or owner of the applicant has been convicted of a crime, or suffered a civil judgment, involving dishonesty or the violation of state or federal securities laws;     (c) the applicant or any of its officers, directors, or owners has defaulted in the payment of money collected for others; or     (d) the administrator finds that the financial responsibility, experience, character, or general fitness of the applicant or its owners, directors, employees, or agents does not warrant belief that the business will be operated in compliance with this chapter.       (3) The administrator shall deny registration if:   (a) the application is not accompanied by the fee established by the administrator in accordance with Section 63J-1-504; or     (b) with respect to an applicant that is organized as a not-for-profit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. Section 501, the applicant's board of directors is not independent of the applicant's employees and agents.       (4) Subject to adjustment of the dollar amount pursuant to Subsection 13-42-132(6), a board of directors is not independent for purposes of Subsection (3) if more than one-fourth of its members:   (a) are affiliates of the applicant, as defined in Subsection 13-42-102(2)(a) or 13-42-102(2)(b)(i), (ii), (iv), (v), (vi), or (vii); or     (b) after the date 10 years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than $25,000 in either the current year or the preceding year.      Amended by Chapter 183, 2009 General Session
UT Code § 13-42-110 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 110 - Certificate of registration -- Timing.

13-42-110. Certificate of registration -- Timing.    (1) The administrator shall approve or deny an initial registration as a provider no later than 120 days after an application is filed. In connection with a request pursuant to Subsection 13-42-106(19) for additional information, the administrator may extend the 120-day period for not more than 60 days. Within seven days after denying an application, the administrator, in a record, shall inform the applicant of the reasons for the denial.     (2) If the administrator denies an application for registration as a provider or does not act on an application within the time prescribed in Subsection (1), the applicant may appeal and request a hearing pursuant to Title 63G, Chapter 4, Administrative Procedures Act.     (3) Subject to Subsection 13-42-111(4) and Section 13-42-134, a registration as a provider is valid for one year.    Amended by Chapter 152, 2012 General Session