§ 23-112-614 - Salvage auction buyer's identification card. - Arkansas Statutes

23-112-614. Salvage auction buyer's identification card.

(a) On and after January 1, 2006, sales of motor vehicles at a salvage auction in the State of Arkansas shall be open only to persons who possess an Arkansas salvage auction buyer's identification card issued under this section.

(b) (1) (A) The salvage auction buyer's identification card authorizing persons to bid or buy motor vehicles at a salvage auction shall be available to any person, business, or corporation, or an employee thereof, that:

(i) Possesses a valid new motor vehicle dealer license under 23-112-301, a used motor vehicle dealer license under 23-112-607, a valid wrecker license under 27-14-2001, or is a licensed motor vehicle dealer from another state under 23-112-616; and

(ii) Registers with the Department of Arkansas State Police.

(B) Salvage auction buyer's identification cards shall be issued by the department on a form prescribed by the department and shall contain at a minimum:

(i) The name, address, driver's license number, any dealer's or wrecker's license numbers, physical description, and signature of the applicant; and

(ii) The name and address of the employer of the applicant.

(2) The department shall issue the salvage auction buyer's identification card at a fee not to exceed:

(A) Thirty-five dollars ($35.00) for the first card issued to the cardholder and fifty dollars ($50.00) for the second card issued to the cardholder if the cardholder is:

(i) An Arkansas resident dealer or wrecker; and

(ii) At least one (1) of the following:

(a) A licensed new motor vehicle dealer;

(b) A licensed used motor vehicle dealer; or

(c) A wrecker licensed as required under 27-14-2001; or

(B) Three hundred fifty dollars ($350) for the first card issued to the cardholder and two hundred fifty dollars ($250) for the second card issued to the cardholder if the cardholder is:

(i) An out-of-state resident; and

(ii) Licensed by another state as a motor vehicle dealer or wrecker and meets the requirements of the department.

(3) A person or entity who is a cardholder under this section shall be limited to no more than two (2) salvage auction buyer's identification cards under this section.

(4) The salvage auction buyer's identification card shall be renewable each year for a fee of the same amount.

(5) The fees collected under this subsection shall be remitted as follows:

(A) (i) A five-dollar fee shall be charged to the buyer of each item at a salvage auction that is regulated under the salvage auction buyer's identification card and shall be classified as special revenues and shall be deposited into the State Treasury.

(ii) The Treasurer of State shall transfer the special revenues received under subdivision (b)(5)(A)(i) of this section on the last business day of each month as follows:

(a) Fifty percent (50%) for the Arkansas Department of Environmental Quality to be used for inspection and oversight of auto auctions for the purpose of enforcing all laws and regulations administered by the Arkansas Department of Environmental Quality; and

(b) Fifty percent (50%) for the Department of Arkansas State Police to be used for inspection and oversight of auto auctions; and

(B) The remaining amount to the State Treasury, there to be deposited as special revenues to the credit of the Department of Arkansas State Police Fund, to be used to offset the administrative costs for issuance of the salvage auction buyer's identification card under this section.

(c) (1) The owner, manager, or person in charge of a salvage auction shall:

(A) Prohibit the bidding by any person who does not possess a salvage auction buyer's identification card;

(B) Refuse to sell a motor vehicle to any person if the person does not possess a valid salvage auction buyer's identification card; and

(C) Prohibit any person who intends to purchase without a salvage auction buyer's identification card from being present at the salvage auction site during a sale, except as provided under subdivision (c)(2) of this section.

(2) Each holder of a salvage auction buyer's identification card may be accompanied at the salvage auction by anyone in accordance with that salvage auction's guidelines.

(d) (1) A salvage auction buyer's identification card may be cancelled if the person pleads guilty or nolo contendere to or has been found guilty of:

(A) Unauthorized use of a vehicle;

(B) Theft of property or theft by receiving if a stolen motor vehicle or stolen vehicle parts were involved; or

(C) Violating any provision of this subchapter.

(2) A salvage auction buyer's identification card issued to a licensed motor vehicle dealer or salesperson or to a licensed wrecker may be cancelled if:

(A) The person's license is cancelled; or

(B) The license is no longer valid.

(e) (1) The owner, manager, or person in charge of a salvage auction shall keep a register of all sales of motor vehicles for three (3) years from the date of the sale.

(2) The sales transaction register shall include:

(A) A motor vehicle's:

(i) Make;

(ii) Model;

(iii) Year;

(iv) Body style; and

(v) Vehicle identification number;

(B) The name and address of the seller and buyer of the motor vehicle; and

(C) The salvage auction buyer's identification card number.

(3) The register shall be made available for inspection by law enforcement officers of the state, county, or municipality during regular business hours on business days at the salvage auction's business location.