Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 18 (2017GS)

Sponsor

Rep. Coleman, K.

Final action

Governor Signed 3/20/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• directs the motor vehicle enforcement administrator within the State Tax Commission to:
• issue a provisional license under certain circumstances; and
• issue a provisional license holder a standard license without an additional application or fee once the license holder complies with all of the standard license qualifications.

Every vote on this bill

Bill text

MOTOR VEHICLE BUSINESS LICENSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kim Coleman
Senate Sponsor: 
 Wayne A. Harper
LONG TITLE
Committee Note:
The Revenue and Taxation Interim Committee recommended this bill.
General Description:
This bill amends provisions related to licensure of motor vehicle dealers.
Highlighted Provisions:
This bill:
▸ directs the motor vehicle enforcement administrator within the State Tax
Commission to:
• issue a provisional license under certain circumstances; and
• issue a provisional license holder a standard license without an additional
application or fee once the license holder complies with all of the standard
license qualifications.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
41-3-202.2
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-3-202.2
 is enacted to read:
 41-3-202.2.
Provisional license.
(1) As used in this section:
(a) "Provisional license" means a provisional version of a particular class of standard
license.
(b) "Standard license" means a license that the administrator is authorized to issue
under Section 
41-3-202
 for a class for which a principal place of business is required under
Section 
41-3-204
.
(2) The administrator may issue a provisional license for any class of standard license
the administrator issues under Section 
41-3-202
.
(3) A person may apply to the administrator for a provisional license using the same
procedure described in this chapter and under other applicable state law for a standard license
of the same class as the provisional license.
(4) Subject to Subsection (5), the administrator shall grant a provisional license to an
applicant who:
(a) demonstrates that the applicant meets all of the qualifications described in this
chapter and under other applicable state law for a standard license of the same class as the
provisional license, except for the requirement that the applicant maintain a principal place of
business as required by Section 
41-3-204
;
(b) complies with procedures established by the administrator; and
(c) pays a fee established by the administrator.
(5) In addition to demonstrating the qualifications described in Subsection (4), an
applicant for a provisional license shall:
(a) submit to the administrator a site acquisition plan that describes the applicant's
anticipated principal place of business; and
(b) demonstrate that the applicant's site acquisition plan describes a principal place of
business that would comply with the requirements described in this chapter and under other
applicable state law for the principal place of business of a licensee with a standard license of
the same class as the provisional license.
(6) A provisional license does not allow a person to act as a licensee with a standard
license.
(7) Subject to Subsections (8) and (9), once a person with a provisional license
demonstrates to the administrator that the person meets all of the qualifications under this
chapter and under other applicable state law for a standard license of the same class as the
provisional license, the administrator shall grant the person a standard license of the same class
as the provisional license without requiring that the person:
(a) submit an additional application; or
(b) pay an additional fee.
(8) (a) A provisional license is valid for three months.
(b) The commission may extend the term of a provisional license for an additional
three months at the commission's discretion.
(9) The commission may create application procedures for a provisional license in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(10) The commission may require and determine the amount of an application fee for a
provisional license in compliance with Section 
63J-1-504
.
Section 2. 
Effective date.
This bill takes effect on October 1, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel