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