§ 23-112-603 — Penalty for violation and disbursal of fines

(a) In addition to any other penalty prescribed by existing laws, the penalties for violation of this subchapter and the disbursement of fines shall be as follows: (1) A first violation of this subchapter is a Class A misdemeanor; (2) A second violation of this subchapter is a Class D felony; (3) A third or subsequent violation is a Class D felony, and the dealer's license shall be suspended for three (3) years for each respective third or subsequent violation; and (4) In addition to or instead of the penalties listed under subdivisions (a)(1)-(3) of this section, the Director of the Division of Arkansas State Police may issue a fine in an amount not to exceed one thousand dollars ($1,000) for each violation of this subchapter. (b) Any person found guilty of selling a used motor vehicle as a dealer or salesperson while his or her used motor vehicle dealer's or salesperson's license is suspended or revoked shall be guilty of a Class C felony. (c) (1) If the arresting officer is an officer of the Division of Arkansas State Police, one-half (1/2) of the fine collected shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office, for deposit into the Division of Arkansas State Police Fund to be used for the purchase and maintenance of state police vehicles. (2) If the arresting officer is a county law enforcement officer, one-half (1/2) of the fine collected shall be deposited into that county fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, life-saving medical apparatus, and law enforcement apparatus to be used for those purposes. (3) If the arresting officer is a municipal law enforcement officer, one-half (1/2) of the fine collected shall be deposited into that municipal fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, life-saving medical apparatus, and law enforcement apparatus to be used for those purposes. (d) (1) A used motor vehicle dealer licensed under this subchapter shall maintain a licensed location. (2) When a used motor vehicle dealer changes or moves his or her licensed location, within fifteen (15) calendar days of the relocation, the used motor vehicle dealer shall notify the division in writing of the dealership name, the previous location, and the new location. (3) (A) If the division determines that the used motor vehicle dealer's business location has moved and notification to the division has not been properly made, the division shall levy a fine equal to the amount of the license fee. (B) The fine collected pursuant to subdivision (d)(3)(A) of this section shall be remitted to the division and shall be deposited into the State Treasury as special revenue to the credit of the division.

Legislative History

Amended by Act 2023, No. 821,§ 1, eff. 8/1/2023. Acts 1993, No. 490, § 12; 2001, No. 1408, § 1; 2003, No. 1765, § 30; 2005, No. 1416, § 3.