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REFERENCE TITLE: unlawful presence; commercial vehicle; forfeiture |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2345 |
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Introduced by Representative Livingston
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AN ACT
Amending title 28, Chapter 14, article 2, Arizona Revised Statutes, by adding section 28-5233; Amending section 28-6501, Arizona Revised Statutes; relating to commercial driver licenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 14, article 2, Arizona Revised Statutes, is amended by adding section 28-5233, to read:
28-5233. Unlawful presence; falsification of commercial driver license; violation; classification; civil penalty; vehicle forfeiture; disposition of monies
A. NOTWITHSTANDING any other law, it is unlawful for a person whose presence in the United States is not authorized under federal law and who possesses a falsified commercial driver license. a person who violates this subsection is guilty of a class 5 felony.
B. Notwithstanding any other law, if a person violates subsection A of this section and the person was operating the commercial motor vehicle at the time the violation occurred, a peace officer shall seize the commercial motor vehicle for forfeiture.
C. If a commercial motor vehicle is seized for forfeiture pursuant to subsection B of this section and the commercial motor vehicle is titled or registered to:
1. the person who violated subsection a of this section, the commercial motor vehicle shall be sold at auction.
2. A person who was not operating the commercial motor vehicle at the time of the violation PURSUANT to subsection A of this section but the person knowingly employed the person in violation of subsection a of this section, both of the following apply:
(a) The commercial motor vehicle shall be sold at auction.
(b) The employer shall pay a civil penalty equal to the amount of the fair market value of the commercial motor vehicle seized for forfeiture pursuant to subsection B of this section.
D. the department shall deposit, pursuant to sections 35-146 and 35-147, Any proceeds or civil penalties collected pursuant to subsection C of this section in the arizona highway user revenue fund established by section 28-6533.
Sec. 2. Section 28-6501, Arizona Revised Statutes, is amended to read:
28-6501. Definition of highway user revenues
In this article, unless the context otherwise requires or except as otherwise provided by statute, "highway user revenues" means all monies received in this state from licenses, taxes, penalties, interest and fees authorized by the following:
1. Chapters 2, 7, 8 and 15 of this title, except for:
(a) The special plate administration fees prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2470.39 and 28-2514.
(b) The donations prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2415, 28-2417 through 28-2470.39, 28-2473, 28-2474, 28-2475 and 28-2476.
2. Section 28-1177.
3. Chapters 10 and 11 of this title.
4. SEction 28-5233.
4. 5. Chapter 16, articles 1, 2 and 4 of this title, except as provided in sections 28-5926 and 28-5927.