HB458 Alabama 2015 Session

Sponsors

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.

Description

Under existing law, a law enforcement officer may have a motor vehicle towed if the motor vehicle has been unattended on a public street, road, or highway for seven days or more.

Also under existing law a person may sell an abandoned motor vehicle at auction under certain conditions.

This bill would provide that a motor vehicle left on a public road or on private property, including a vehicle left for repairs, for more than 48 hours without consent is deemed an unclaimed motor vehicle, would require that such vehicles be reported to the Department of Revenue, would require a person or entity reporting the vehicle to query the National Motor Vehicle Title Information System (NMVTIS) to determine the title state of record, and would require the department to put a 45-day hold on the title record.

This bill would further provide for when a law enforcement officer may have a motor vehicle towed or removed from a location and would provide limited immunity for law enforcement officers and persons towing at the direction of law enforcement officers. In addition, the owner or lessee of the motor vehicle on which a motor vehicle has become unclaimed may cause the motor vehicle to be towed to a secure place. The towing company is granted a lien on the vehicle for towing and storage. A law enforcement officer could have the vehicle towed if it is left on a public road for more than 48 hours, the driver is impaired by an arrest or an accident, or when determined necessary by the officer, or when the vehicle may be impounded for outstanding parking tickets.

This bill would further provide for sale of unclaimed and abandoned motor vehicles.

This bill would require notice of the public auction to the Department of Revenue and would provide that pre-sale appeals be heard by the Alabama Tax Tribunal or circuit court, with post-sale appeals heard by the circuit court.

This bill would also provide procedures for contesting sales, would further provide for the deduction of certain costs from the proceeds of a sale, and would provide criminal penalties for making fraudulent statements regarding the sale of an abandoned motor vehicle.

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.

Relating to unclaimed or abandoned motor vehicles; to amend Sections 32-8-84, 32-13-1, 32-13-2, 32-13-3, 32-13-4, and 32-13-6, Code of Alabama 1975, to further provide for the titling and sale of certain unclaimed motor vehicles; to provide for notice; to further provide for when a law enforcement officer may remove a motor vehicle from certain locations; to provide limited immunity; to further provide for the titling and sale of abandoned motor vehicles; to provide for pre-sale appeals by the Alabama Tax Tribunal and the circuit court; to provide procedures for contesting sales; to provide for the deduction of certain costs from the proceeds of a sale; to add Sections 32-13-9 and 32-13-10, to the Code of Alabama 1975; to require cooperation of law enforcement in enforcement of the act; to provide criminal penalties for fraudulent statements regarding the sale of an abandoned motor vehicle; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.

Subjects

Motor Vehicles