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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HOUSE BILL 2510 |
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AN ACT
amending section 28‑4501, Arizona Revised Statutes; amending title 28, chapter 10, article 6, Arizona Revised Statutes, by adding sections 28‑4504 and 28‑4505; amending section 28‑6991, Arizona Revised Statutes; relating to motor vehicle dealers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28‑4501, Arizona Revised Statutes, is amended to read:
28-4501. Licensed or unlicensed dealer and automotive recycler; civil penalty; transaction privilege taxes
A. Notwithstanding the suspension authorized by section 28‑4500, if the director finds that a person is in violation of the licensing provisions of this chapter, after a hearing conducted pursuant to section 28‑4496, 28‑4498, 28‑4499 or 28‑4500, the director:
1. May impose a civil penalty of at least one thousand dollars but not more than three thousand dollars per violation.
2. Shall require that the person pay all transaction privilege taxes on motor vehicle sales that were conducted in violation of this chapter.
B. The person shall pay the civil penalty imposed pursuant to this section to the department no later than thirty days after the order is final. If the person fails to pay the civil penalty within thirty days after the order is final, the director shall file an action in the superior court in the county in which the hearing is held to collect the civil penalty.
C. The director shall deposit, pursuant to sections 35‑146 and 35‑147, all civil penalties collected pursuant to this section that result from licensed or unlicensed motor vehicle dealer activity in the motor vehicle dealer enforcement fund established by section 28‑5404.
Sec. 2. Title 28, chapter 10, article 6, Arizona Revised Statutes, is amended by adding sections 28‑4504 and 28‑4505, to read:
28‑4504. Motor vehicle dealer enforcement fund
The motor vehicle dealer enforcement fund is established consisting of civil penalties collected pursuant to section 28‑4501 that result from licensed or unlicensed motor vehicle dealer activity. The department shall administer the fund. Monies in the fund are continuously appropriated. The director shall deposit all unexpended and unencumbered monies in the fund exceeding two hundred fifty thousand dollars at the end of each fiscal year in the state highway fund established by section 28‑6991.
28‑4505. Unlicensed motor vehicle dealer enforcement task force; report; task force termination
A. The unlicensed motor vehicle dealer enforcement task force is established in the department of transportation and consists of the following members:
1. Three members from the department of transportation who are appointed by the director of the department of transportation.
2. Three members from the department of revenue who are appointed by the director of the department of revenue.
3. Three members who represent an independent automobile dealers' association in this state and who are appointed by the director of the department of transportation.
B. The unlicensed motor vehicle dealer enforcement task force shall:
1. Meet at least quarterly to review unlicensed motor vehicle dealer enforcement activities in this state.
2. Submit a report to the director of the department of transportation at least quarterly that contains the status of the task force's findings and provide a copy of this report to the secretary of state.
C. The task force established by this section ends on July 1, 2026 pursuant to section 41‑3103.
Sec. 3. Section 28-6991, Arizona Revised Statutes, is amended to read:
28-6991. State highway fund; sources
A state highway fund is established that consists of:
1. Monies distributed from the Arizona highway user revenue fund pursuant to chapter 18 of this title.
2. Monies appropriated by the legislature.
3. Monies received from donations for the construction, improvement or maintenance of state highways or bridges. These monies shall be credited to a special account and shall be spent only for the purpose indicated by the donor.
4. Monies received from counties under cooperative agreements, including proceeds from bond issues. The state treasurer shall deposit these monies to the credit of the fund in a special account on delivery to the treasurer of a concise written agreement between the department and the county stating the purposes for which the monies are surrendered by the county, and these monies shall be spent only as stated in the agreement.
5. Monies received from the United States under an act of Congress to provide aid for the construction of rural post roads, but monies received on projects for which the monies necessary to be provided by this state are wholly derived from sources mentioned in paragraphs 2 and 3 of this section shall be allotted by the department and deposited by the state treasurer in the special account within the fund established for each project. On completion of the project, on the satisfaction and discharge in full of all obligations of any kind created and on request of the department, the treasurer shall transfer the unexpended balance in the special account for the project into the state highway fund, and the unexpended balance and any further federal aid thereafter received on account of the project may be spent under the general provisions of this title.
6. Monies in the custody of an officer or agent of this state from any source that is to be used for the construction, improvement or maintenance of state highways or bridges.
7. Monies deposited in the state general fund and arising from the disposal of state personal property belonging to the department.
8. Receipts from the sale or disposal of any or all other property held by the department and purchased with state highway monies.
9. Monies generated pursuant to section 28‑410.
10. Monies distributed pursuant to section 28‑5808, subsection B, paragraph 2, subdivision (d).
11. Monies deposited pursuant to sections 28‑1143, 28‑2353 and 28‑3003.
12. Except as provided in section 28‑5101, the following monies:
(a) Monies deposited pursuant to section 28‑2206 and section 28‑5808, subsection B, paragraph 2, subdivision (e).
(b) One dollar of each registration fee and one dollar of each title fee collected pursuant to section 28‑2003.
(c) Two dollars of each late registration penalty collected by the director pursuant to section 28‑2162.
(d) The air quality compliance fee collected pursuant to section 49‑542.
(e) The special plate administration fees collected pursuant to sections 28‑2404, 28‑2407, 28‑2412 through 28‑2416, 28‑2416.01, 28‑2417 through 28‑2462 and 28‑2514.
(f) Monies collected pursuant to sections 28‑372, 28‑2155 and 28‑2156 if the director is the registering officer.
13. Monies deposited pursuant to chapter 5, article 5 of this title.
14. Donations received pursuant to section 28‑2269.
15. Dealer and registration monies collected pursuant to section 28‑4304.
16. Abandoned vehicle administration monies deposited pursuant to section 28‑4804.
17. Monies deposited pursuant to section 28‑710, subsection D, paragraph 2.
18. Monies deposited pursuant to section 28‑2065.
19. Monies deposited pursuant to section 28‑7311.
20. Monies deposited pursuant to section 28‑7059.
21. Monies deposited pursuant to section 28‑1105.
22. Monies deposited pursuant to section 28‑2448, subsection D.
23. Monies deposited pursuant to section 28‑3415.
24. Monies deposited pursuant to section 28‑3002, subsection A, paragraph 14.
25. Monies deposited pursuant to section 28‑7316.
26. Monies deposited pursuant to section 28‑4302.
27. Monies deposited pursuant to section 28‑4504.