HB328ENROLLED
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HB328
WRLT5E5-2
By Representatives Bedsole, Ellis, Paschal, DuBose, Mooney,
Carns, Hulsey (N & P)
RFD: Shelby County Legislation
First Read: 19-Mar-24
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First Read: 19-Mar-24
Enrolled, An Act,
Relating to Shelby County; to authorize the Shelby
County Manager to void a motor vehicle licenses and other
licenses when a check, credit card, or other form of payment
tendered by an individual, company, or other entity for
payment of any license is found non-collectible; and to
provide for the reimbursement from the General Fund of Shelby
County to the Shelby County License Department for losses by
the office for errors and omissions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall only apply in Shelby County.
Section 2. When a check, credit card, or other form of
payment tendered by an individual, company, or other entity
for payment of any motor vehicle license, vessel registration,
privilege license, door-to-door sales license, rental lease,
driver license, game and fish license, manufactured home
registration, or any other license is found to be
non-collectible, the Shelby County License Department shall
make a reasonable attempt to retrieve the motor vehicle
license plate or decal or to retrieve any other license issued
based on the non-collectible payment and the Shelby County
Manager may void the registration or license and any sales and
use taxes, ad valorem taxes, issuance fees, interest,
penalties, and costs related to the non-collectible payment.
After the motor vehicle or other licenses have been voided,
the license department shall receive credit for costs
associated with the non-collectible check, credit card, or
instrument issued. The appropriate state office shall mark the
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instrument issued. The appropriate state office shall mark the
records pertaining to the voided license accordingly, and upon
inquiry by any law enforcement agency, shall notify the agency
that the party in question is operating under a voided
license. All violations shall be prosecuted in accordance to
law.
Section 3.(a) The Shelby County Commission shall
reimburse the Shelby County License Department from the
General Fund of Shelby County up to three thousand dollars
($3,000), per year, or up to such other amount as may be
adjusted from time to time by the county commission, for the
amount of any losses arising or caused by any errors,
mistakes, or omissions of the Shelby County License
Department, or agents of the department, if the County
Manager, or his or her agents, finds the losses were caused
without personal knowledge, including losses arising from
acceptance of worthless or forged checks, drafts, money
orders, credit cards, or other written or online orders for
money or its equivalent.
(b) The Shelby County License Department and the Shelby
County Manager shall ensure that the license department
employees exercise due care in performing their duties and
make a diligent effort to correct any error, mistake, or
omission and collect the amount subject to potential loss
immediately upon becoming aware of the potential loss. This
section shall not apply to any deliberate misuse or
misappropriation of funds by the license department or
employees of the office.
Section 4. The provisions of this act are supplemental
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Section 4. The provisions of this act are supplemental
and it shall be construed in pari materia with other laws
regarding the Shelby County License Department.
Section 5. All laws or parts of laws which are indirect
conflict or inconsistent herewith are hereby repealed.
Section 6. This act shall become effective on June 1,
2024.
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2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 02-Apr-24.
John Treadwell
Clerk
Senate 02-May-24 Passed
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