§ 44-20-111 — Fees - disposition - expenses - expiration of licenses

(1) Each
application must be accompanied by the fee established in subsection (5) of this
section for each of the following licenses:

(a) (I) Motor vehicle dealer's or used motor vehicle dealer's license;

(II) Motor vehicle dealer's or used motor vehicle dealer's license, for each
place of business in addition to the principal place of business;

(III) Renewal or reissue of motor vehicle dealer's or used motor vehicle
dealer's license after change in location or lapse in principal place of business;

(b) Manufacturer's license;

(c) Distributor's license;

(d) Wholesaler's license;

(e) Manufacturer representative's license;

(f) Motor vehicle salesperson's license including, but not limited to, reissuing
a license;

(g) Buyer agent's license;

(h) Wholesale motor vehicle auction dealer's license; or

(i) Business disposal license.

(2) All fees shall be paid to the state treasurer, who shall credit the fees to
the auto dealers license fund created in section 44-20-133.

(3) If an application for a buyer agent's, motor vehicle dealer's, used motor
vehicle dealer's, wholesaler's, business disposer's, or motor vehicle salesperson's
license is withdrawn by the applicant prior to issuance of the license, the director
shall refund one-half of the license fee.

(4) (a) Licenses, if the same have not been suspended or revoked as provided
in this part 1, shall be valid until one year following the month of issuance thereof
and shall then expire; except that any license issued under this part 1 shall expire
upon the voluntary surrender thereof or upon the abandonment of the licensee's
place of business for a period of more than thirty days.

(b) Thirty days before the expiration of a license, the director shall mail to
the licensee's business address of record a notice stating when the person's license
is due to expire and the fee necessary to renew the license. For a salesperson or
manufacturer representative, the notice shall be mailed to the address of the dealer
or manufacturer where the person is licensed.

(c) Upon the expiration of the license, unless suspended or revoked, the
same may be renewed upon the payment of the fees specified in this section that
accompany applications, and the renewal may be made from year to year as a
matter of right; except that, if a motor vehicle dealer, used motor vehicle dealer,
business disposer, or wholesaler voluntarily surrenders its license or abandons its
place of business for a period of more than thirty days, the licensee is required to
file a new application to renew its license.

(d) Notwithstanding subsection (4)(a) of this section, a person has a thirty-day grace period after his or her license expires, and the person may renew the
license within thirty days pursuant to subsection (4)(c) of this section, so long as the
person has a bond in full force and effect that complies with the applicable bonding
requirements of section 44-20-112, 44-20-113, or 44-20-114 during the thirty-day
period. A person applying during the thirty-day grace period shall pay a late fee
established pursuant to subsection (5) of this section.

(5) (a) The board shall propose, as part of its annual budget request, an
adjustment in the amount of each fee that the board is authorized by law to collect.
The budget request and the adjusted fees for the board shall reflect direct and
indirect costs.

(b) Based upon the appropriation made and subject to the approval of the
executive director, the board shall adjust the fees collected by the executive
director so that the revenue generated from the fees covers the direct and indirect
costs of administering this article 20. The fees shall remain in effect for the fiscal
year for which the appropriation is made.

(c) Whenever money appropriated to the board for its activities for the prior
fiscal year is unexpended, the money shall be made a part of the appropriation to
the board for the next fiscal year, and the amount shall not be raised from fees
collected by the board or the executive director. If a supplemental appropriation is
made to the board for its activities, the fees of the board and the executive director,
when adjusted for the fiscal year next following that in which the supplemental
appropriation was made, shall be adjusted by an additional amount that is sufficient
to compensate for the supplemental appropriation. Money appropriated to the
board in the annual general appropriation bill shall be from the fund provided in
section 44-20-133.

Legislative History

Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 56, � 2, effective October 1. L. 2019: IP(1), (1)(h), (3), and (4)(c) amended and (1)(i) added, (SB 19-249), ch. 309, p. 2802, � 3, effective August 2.