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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to licensure of motor vehicle dealers.
10 Highlighted Provisions:
11 This bill:
12 ▸ directs the motor vehicle enforcement administrator within the State Tax
13 Commission to:
14 • issue a provisional license under certain circumstances; and
15 • issue a provisional license holder a standard license without an additional
16 application or fee once the license holder complies with all of the standard
17 license qualifications.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 ENACTS:
24 41-3-202.2, Utah Code Annotated 1953
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 41-3-202.2 is enacted to read:
28 41-3-202.2. Provisional license.
29 (1) As used in this section:
30 (a) "Provisional license" means a provisional version of a particular class of standard
31 license.
32 (b) "Standard license" means a license that the administrator is authorized to issue
33 under Section 41-3-202 for a class for which a principal place of business is required under
34 Section 41-3-204.
35 (2) The administrator may issue a provisional license for any class of standard license
36 the administrator issues under Section 41-3-202.
37 (3) A person may apply to the administrator for a provisional license using the same
38 procedure described in this chapter and under other applicable state law for a standard license
39 of the same class as the provisional license.
40 (4) Subject to Subsection (5), the administrator shall grant a provisional license to an
41 applicant who:
42 (a) demonstrates that the applicant meets all of the qualifications described in this
43 chapter and under other applicable state law for a standard license of the same class as the
44 provisional license, except for the requirement that the applicant maintain a principal place of
45 business as required by Section 41-3-204;
46 (b) complies with procedures established by the administrator; and
47 (c) pays a fee established by the administrator.
48 (5) In addition to demonstrating the qualifications described in Subsection (4), an
49 applicant for a provisional license shall:
50 (a) submit to the administrator a site acquisition plan that describes the applicant's
51 anticipated principal place of business; and
52 (b) demonstrate that the applicant's site acquisition plan describes a principal place of
53 business that would comply with the requirements described in this chapter and under other
54 applicable state law for the principal place of business of a licensee with a standard license of
55 the same class as the provisional license.
56 (6) A provisional license does not allow a person to act as a licensee with a standard
57 license.
58 (7) Subject to Subsections (8) and (9), once a person with a provisional license
59 demonstrates to the administrator that the person meets all of the qualifications under this
60 chapter and under other applicable state law for a standard license of the same class as the
61 provisional license, the administrator shall grant the person a standard license of the same class
62 as the provisional license without requiring that the person:
63 (a) submit an additional application; or
64 (b) pay an additional fee.
65 (8) (a) A provisional license is valid for three months.
66 (b) The commission may extend the term of a provisional license for an additional
67 three months at the commission's discretion.
68 (9) The commission may create application procedures for a provisional license in
69 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
70 (10) The commission may require and determine the amount of an application fee for a
71 provisional license in compliance with Section 63J-1-504.
72 Section 2. Effective date.
73 This bill takes effect on October 1, 2017.