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 ¦        REFERENCE TITLE: HOV lanes; civil penalty; fund  ¦
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 ¦                                                       ¦
 ¦                                                       ¦
 ¦ State of Arizona                                      ¦
 ¦ House of Representatives                              ¦
 ¦ Forty-fourth Legislature                              ¦
 ¦ Second Regular Session                                ¦
 ¦ 2000                                                  ¦
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 ¦                       HB 2005                         ¦
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 ¦                    Introduced by                      ¦
 ¦ Representatives Overton: Cooley, Groscost, Hatch-Miller ¦
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AN ACT

AMENDING TITLE 28, CHAPTER 3, ARTICLE 7, ARIZONA REVISED STATUTES, BY ADDING SECTION 28-735; RELATING TO THE USE OF HIGH OCCUPANCY VEHICLE LANES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 28, chapter 3, article 7, Arizona Revised Statutes, is amended by adding section 28-735, to read:

28-735. High occupancy vehicle lanes; civil penalty; fund

A. A PERSON SHALL NOT DRIVE A VEHICLE CARRYING FEWER THAN TWO PERSONS, INCLUDING THE DRIVER, IN A HIGH OCCUPANCY VEHICLE LANE AT ANY TIME THE USE OF THE HIGH OCCUPANCY VEHICLE LANE IS RESTRICTED TO VEHICLES CARRYING TWO OR MORE PERSONS, INCLUDING THE DRIVER.

B. A PERSON WHO VIOLATES SUBSECTION A OF THIS SECTION IS SUBJECT TO A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS.

C. AN UNMARKED LAW ENFORCEMENT VEHICLE FUND IS ESTABLISHED. THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL ADMINISTER THE FUND. SUBJECT TO LEGISLATIVE APPROPRIATION, MONIES IN THE FUND SHALL BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO PURCHASE UNMARKED LAW ENFORCEMENT VEHICLES. MONIES IN THE FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS.

D. NOTWITHSTANDING SECTION 28-1554, ALL CIVIL PENALTIES COLLECTED PURSUANT TO SUBSECTION B OF THIS SECTION SHALL BE DEPOSITED IN THE UNMARKED LAW ENFORCEMENT VEHICLE FUND.