HB285 Alabama 2011 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2011

Title

Salvage vehicles, secondary metals recyclers may acquire without title under certain conditions, statement of ownership, value, and identifying characterists required, lien verification system provided by Revenue Department, penalties, Sec. 32-8-87 am'd.; Act 2010-748, 2010 Reg. Sess. am'd.

Description

Existing law requires a scrap metal processor who acquires a motor vehicle for the purpose of recycling the metal to surrender the title to the Department of Revenue.

This bill would provide a procedure where the owner of a motor vehicle could transfer to an automotive dismantler and parts recycler or a secondary metals recycler a motor vehicle without a title if certain conditions are met and the owner of the motor vehicle issues a statement regarding the ownership, value, and identifying characteristics of the motor vehicle.

This bill would require an automotive dismantler and parts recycler or a secondary metals recycler to provide the statement to the Department of Revenue.

This bill would require the automotive dismantler and parts recycler or secondary metals recycler to maintain certain records of vehicles purchased for recycling or remelting.

This bill would provide criminal penalties for violations.

This bill would authorize law enforcement to confiscate a motor vehicle or tools used in an illegal sale.

This bill would require a person holding a lien on a motor vehicle to electronically record it within 24 hours of becoming the lien holder and release it within 24 hours of satisfaction. This bill would require the Department of Revenue to provide a system for real-time verification of liens.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Secondary Metals Recyclers