Colorado § 44-20-111 - Fees - disposition - expenses - expiration of licenses.

§ 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dealer's, used motor vehicle dealer's, wholesaler's, business disposer's, or motor vehicle salesperson's license is withdrawn by the applicant prior to issuance of the license, the director shall refund one-half of the license fee.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.

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.

Editor's note: This section is similar to former § 12-6-110 as it existed prior to 2018.

ANNOTATION

The license fee is required of both residents and nonresidents and makes no distinction between those engaged in interstate commerce and those engaged in intrastate commerce, hence, it is not discriminatory. GMC v. Blevins, 144 F. Supp. 381 (D. Colo. 1956) (decided under repealed § 13-11-8, CRS 53).