HB458 Alabama 2015 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2015

Title

Motor vehicles, abandoned and unclaimed, disposition of further provided for, sale at public auction, pre- and post-sale appeal procedures, criminal penalties, Secs. 32-13-9, 32-13-10 added; Secs. 32-8-84, 32-13-1, 32-13-2, 32-13-3, 32-13-4, 32-13-6 am'd.

Summary

HB458 tightens how Alabama handles unclaimed or abandoned motor vehicles by tightening notices, sale procedures, appeals, cost deductions, enforcement cooperation, and penalties—including new crimes for fraudulent statements.

What This Bill Does

It defines when a vehicle is unclaimed or abandoned, requires reporting and notifying owners and lienholders, and uses NMVTIS to identify current owners. It establishes detailed sale procedures, including public auctions after 30 days’ notice and a 30-day redemption window, with costs like towing and storage deducted from proceeds. It creates pre-sale appeal options handled by the Alabama Tax Tribunal or circuit court, and requires recordkeeping and notices to accompany the sale. It adds enforcement provisions, cooperation from law enforcement, and criminal penalties for fraudulent statements about a sale, with new sections to administer and enforce the act, effective July 1, 2016.

Who It Affects

• Vehicle owners, registrants, and lienholders: they may be identified, notified, and potentially lose or have their interests affected if the vehicle is sold as abandoned; they can contest a sale through designated appeal processes.
• Dealers, wrecker services, repair shops, property owners, and law enforcement: they have reporting duties, may tow or store vehicles, conduct or oversee public auctions, deduct eligible costs from sale proceeds, and must cooperate with the Department of Revenue and other agencies.

Key Provisions

• Defines unclaimed and abandoned motor vehicles and sets reporting requirements, including use of NMVTIS to identify owners and notifying owners and lienholders.
• Requires notice to owners, registrants, and lienholders with certified mail or equivalent, and imposes cost rules for notice and records requests (up to $25 plus actual records costs borne by the holder).
• Allows removal or towing by law enforcement under specified conditions and imposes limited liability for officers; grants liens for removal and storage charges.
• Allows sale of abandoned vehicles at public auction after proper notice, with publication or posting requirements and a 35-day department notice before sale.
• Provides that buyers receive a bill of sale free of liens, requires retention of sale-related records for three years, and requires termination notices to be sent upon sale.
• Creates a pre-sale appeal process through the Alabama Tax Tribunal or circuit court; allows joined parties to challenge abandonment determinations and notices before sale.
• Deduces reasonable costs of repair, towing, and storage from sale proceeds and distributes remaining funds to the county general fund; sets caps based on customary local charges.
• Requires cooperation of law enforcement for enforcement of the act and adds a new criminal provision: fraudulent statements about an abandoned motor vehicle sale are a Class C felony, with aiding others also committing a Class C felony.
• Adds Sections 32-13-9 and 32-13-10 to formalize administration, enforcement assistance, and criminal penalties.
• Effective date: July 1, 2016.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Motor Vehicles