§ 44-20-411 — Fees - disposition - expenses - expiration of licenses

(1) The fee
established pursuant to subsection (5) of this section shall be collected with each
application for each of the following:

(a) (I) Powersports vehicle dealer's license or used powersports vehicle
dealer's license;

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

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

(b) Powersports vehicle manufacturer's license;

(c) Powersports vehicle distributor's license;

(d) Powersports vehicle manufacturer representative's license;

(e) Powersports vehicle salesperson's license including, without limitation,
reissuing a license;

(f) Wholesaler's license.

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

(3) If an application for a wholesaler's, powersports vehicle dealer's, used
powersports vehicle dealer's, or powersports salesperson's license is withdrawn by
the applicant prior to issuance of the license, one-half of the license fee shall be
refunded.

(4) (a) Licenses issued under this part 4, if not suspended or revoked, shall
be valid until one year following the month of issuance thereof and shall then
expire; except that any license issued under this part 4 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 powersports
vehicle salesperson or powersports vehicle manufacturer representative, the notice
shall be mailed to the address of the powersports vehicle dealer, used powersports
vehicle dealer, or powersports vehicle manufacturer where the person is licensed.

(c) Upon the expiration of a license, unless suspended or revoked, it may be
renewed upon the payment of the application fees specified in this section and
renewal shall be made from year to year as a matter of right; except that, if a
wholesaler or powersports vehicle dealer 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 the license expires in which the license may be renewed
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
44-20-412 or 44-20-413 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 any 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 fees covers the direct and indirect
costs of administering this part 4. The fees shall remain in effect for the fiscal year
for which the appropriation is made.

(c) In any year, if money appropriated by the general assembly 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 by the general assembly 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. 106, � 2, effective October 1.