Alabama 2025 Regular Session

Alabama House Bill HB167 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB167ENGROSSED~~
	1	+	HB167INTRODUCED
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3	3		HB167
4		-	~~JPTGTFN-2~~
	4	+	4TEW3RI-1
5	5		By Representative Treadaway
6	6		RFD: Public Safety and Homeland Security
7	7		First Read: 05-Feb-25
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12		-	5 ~~HB167 Engrossed~~
	12	+	5 4TEW3RI-1 01/24/2025 FC (L)ma 2025-153
13	13		Page 1
14	14		First Read: 05-Feb-25
	15	+	SYNOPSIS:
	16	+	Under existing law, a person in possession of an
	17	+	unclaimed motor vehicle is required to report the
	18	+	vehicle as unclaimed to the Department of Revenue
	19	+	within five calendar days after the vehicle was
	20	+	considered unclaimed.
	21	+	This bill would provide that a person in
	22	+	possession of a motor vehicle after towing the vehicle
	23	+	may report the vehicle as unclaimed immediately after
	24	+	towing the vehicle.
15	25		A BILL
16	26		TO BE ENTITLED
17	27		AN ACT
18	28		Relating to unclaimed motor vehicles; to amend Section
19	29		32-8-84, Code of Alabama 1975, to further provide for
20	30		notification to the Department of Revenue of an unclaimed
21	31		motor vehicle after the towing of the vehicle.
22	32		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23	33		Section 1. Section 32-8-84 of the Code of Alabama 1975,
24	34		is amended to read as follows:
25	35		"§32-8-84
26	36		(a) The following shall be considered an unclaimed
27		-	motor vehicle:
28		-	(1) A motor vehicle left unattended on a public road or
29		-	highway for more than 48 hours.
30		-	(2) A motor vehicle, not left on private property for
31		-	repairs, that has remained on private or other public property
32		-	for a period of more than 48 hours without the consent of the
33		-	owner or lessee of the property.
34		-	(3) A motor vehicle, left on private property for
35		-	repairs, that has not been reclaimed within 48 hours from the
36		-	latter of either the date the repairs were completed or the
37		-	agreed upon redemption date.
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	64	+	28 HB167 INTRODUCED
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	66	+	(a) The following shall be considered an unclaimed
	67	+	motor vehicle:
	68	+	(1) A motor vehicle left unattended on a public road or
	69	+	highway for more than 48 hours.
	70	+	(2) A motor vehicle, not left on private property for
	71	+	repairs, that has remained on private or other public property
	72	+	for a period of more than 48 hours without the consent of the
	73	+	owner or lessee of the property.
	74	+	(3) A motor vehicle, left on private property for
	75	+	repairs, that has not been reclaimed within 48 hours from the
	76	+	latter of either the date the repairs were completed or the
67	77		agreed upon redemption date.
68	78		(b)(1)AExcept as otherwise provided in subdivision
69	79		(2), a person, as defined in Section 40-12-240, in possession
70	80		of an unclaimed motor vehicle shall report the motor vehicle
71	81		as unclaimed to the Department of Revenue within five calendar
72	82		days from the date the motor vehicle first was considered
73	83		unclaimed.
74		-	(2) A person in possession of a towed motor vehicle may
75		-	report the vehicle to the Department of Revenue immediately
76		-	after towing the vehicle.
	84	+	(2) A person in possession of an unclaimed motor
	85	+	vehicle after towing the vehicle may report the vehicle as
	86	+	unclaimed to the Department of Revenue immediately after
	87	+	towing the vehicle.
77	88		(3) The report shall be made in a manner as prescribed
78	89		by the department on the Unclaimed/Abandoned Vehicle Portal
79	90		maintained by the Department of Revenue .
80	91		(c)(1) Upon receiving notice as required in subsection
81	92		(b), the department shall place a 60-calendar day hold on the
82	93		title record and no title shall be issued during that time
83	94		period unless the title transaction occurred prior to the date
84		-	the motor vehicle was deemed unclaimed or the motor vehicle
85		-	was returned to the recorded owner or lienholder of record, if
86		-	any.
87		-	(2) If the motor vehicle was returned to the recorded
88		-	owner or lienholder of record, if any, prior to the conclusion
89		-	of the hold period on the title record, the person who
90		-	reported the motor vehicle as unclaimed shall report the
91		-	return of the motor vehicle within five calendar days in a
92		-	manner as prescribed by the department.
93		-	(d)(1) A person in possession of an unclaimed motor
94		-	vehicle, upon reporting the motor vehicle as unclaimed to the
95		-	department, shall utilize the National Motor Vehicle Title
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	122	+	56 HB167 INTRODUCED
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	124	+	period unless the title transaction occurred prior to the date
	125	+	the motor vehicle was deemed unclaimed or the motor vehicle
	126	+	was returned to the recorded owner or lienholder of record, if
	127	+	any.
	128	+	(2) If the motor vehicle was returned to the recorded
	129	+	owner or lienholder of record, if any, prior to the conclusion
	130	+	of the hold period on the title record, the person who
	131	+	reported the motor vehicle as unclaimed shall report the
	132	+	return of the motor vehicle within five calendar days in a
	133	+	manner as prescribed by the department.
	134	+	(d)(1) A person in possession of an unclaimed motor
	135	+	vehicle, upon reporting the motor vehicle as unclaimed to the
125	136		department, shall utilize the National Motor Vehicle Title
126	137		Information System (NMVTIS) to determine the current title
127	138		state of record or, if no current title exists for the motor
128	139		vehicle, the most recent state of registration for the motor
129	140		vehicle. Thereafter, the person shall submit a records request
130	141		to the state of record within five calendar days from the date
131	142		the motor vehicle was reported as unclaimed to the department.
132	143		(2) The records request shall be sent to the current
133	144		title state of record in order to obtain the name and address
134	145		of the owner and lienholder of record, if any. If no current
135	146		title exists, the records request shall be sent to the most
136	147		recent state of registration in order to obtain the name and
137	148		address of the owner.
138	149		(3)a. In the event that no NMVTIS record exists and
139	150		there is evidence that could be reasonably ascertained by the
140	151		person indicating that the motor vehicle has been registered
141	152		in another state, the person, within five calendar days from
142		-	the date the motor vehicle was reported as unclaimed to the
143		-	department, shall submit a records request to the state of
144		-	registration in order to obtain the name and address of the
145		-	owner. Thereafter, the person shall send notice by certified
146		-	mail with either return receipt requested or electronic
147		-	delivery confirmation, within five calendar days from receipt
148		-	of the title record, to the owner and lienholder of record, if
149		-	any, or registration record, to the owner of record, advising
150		-	the owner and lienholder of record, if any, of the location of
151		-	the motor vehicle, normal business hours of the facility
152		-	holding the motor vehicle, any accrued charges or fees, the
153		-	daily storage rate, and the mailing address and contact
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181		-	84 HB167 ~~Engrossed~~
	180	+	84 HB167 INTRODUCED
182	181		Page 4
	182	+	in another state, the person, within five calendar days from
	183	+	the date the motor vehicle was reported as unclaimed to the
	184	+	department, shall submit a records request to the state of
	185	+	registration in order to obtain the name and address of the
	186	+	owner. Thereafter, the person shall send notice by certified
	187	+	mail with either return receipt requested or electronic
	188	+	delivery confirmation, within five calendar days from receipt
	189	+	of the title record, to the owner and lienholder of record, if
	190	+	any, or registration record, to the owner of record, advising
	191	+	the owner and lienholder of record, if any, of the location of
	192	+	the motor vehicle, normal business hours of the facility
	193	+	holding the motor vehicle, any accrued charges or fees, the
183	194		daily storage rate, and the mailing address and contact
184	195		telephone number of the person in possession of the motor
185	196		vehicle.
186	197		b. The notice required in paragraph a. shall include
187	198		the following language in no smaller than 10 point type: "If
188	199		this motor vehicle is not redeemed by the recorded owner or
189	200		lienholder of record within 30 calendar days from the date of
190	201		this notice, the motor vehicle shall be considered abandoned
191	202		as defined in Section 32-13-1 , Code of Alabama 1975 . The motor
192	203		vehicle may then be sold pursuant to the provisions of the
193	204		Alabama Abandoned Motor Vehicle Act as provided for in Title
194	205		32, Chapter 13, Code of Alabama 1975 ."
195	206		(4) A person who fails to report a motor vehicle as
196	207		unclaimed or fails to notify the owner and lienholder of
197	208		record, if any, in accordance with this subsection shall
198	209		forfeit all claims and liens for the motor vehicle's garaging,
199	210		parking, and storage prior to the time the motor vehicle is
200		-	reported as unclaimed; provided, however, failure to report
201		-	shall not result in the forfeiture of claims and liens for the
202		-	towing and repair of a motor vehicle.
203		-	(e)(1) The department shall maintain and appropriately
204		-	index public records of unclaimed motor vehicles reported to
205		-	it pursuant to this section. The department may provide lists
206		-	of the vehicle identification numbers for such the motor
207		-	vehicles without fee in a manner as the department prescribes.
208		-	(2) The department shall provide notice of unclaimed
209		-	motor vehicles to law enforcement.
210		-	(3) Notice shall also be provided to the person who
211		-	reported the motor vehicle as unclaimed if it has been
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239		-	112 HB167 ~~Engrossed~~
	238	+	112 HB167 INTRODUCED
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	240	+	parking, and storage prior to the time the motor vehicle is
	241	+	reported as unclaimed; provided, however, failure to report
	242	+	shall not result in the forfeiture of claims and liens for the
	243	+	towing and repair of a motor vehicle.
	244	+	(e)(1) The department shall maintain and appropriately
	245	+	index public records of unclaimed motor vehicles reported to
	246	+	it pursuant to this section. The department may provide lists
	247	+	of the vehicle identification numbers for such the motor
	248	+	vehicles without fee in a manner as the department prescribes.
	249	+	(2) The department shall provide notice of unclaimed
	250	+	motor vehicles to law enforcement.
	251	+	(3) Notice shall also be provided to the person who
241	252		reported the motor vehicle as unclaimed if it has been
242	253		reported as stolen to law enforcement.
243	254		(f)(1) The department may suspend the registration of a
244	255		vehicle whose theft or conversion is reported to it pursuant
245	256		to this section. Until the department learns of its recovery
246	257		or that the report of its theft or conversion was erroneous,
247	258		itthe department shall not issue a certificate of title for
248	259		the motor vehicle.
249	260		(2) A title shall be issued by the department in the
250	261		name of an insurance company on a vehicle that is reported
251	262		stolen when a settlement between the insured and his or her
252	263		insurance company has occurred. The title shall be issued
253	264		electronically in the name of the insurance company until the
254	265		vehicle has been recovered, and, if recovered, the title may
255	266		be issued in paper form."
256		-	Section 2. This act shall become effective on ~~October~~
257		-	1, 2025.
	267	+	Section 2. This act shall become effective on July 1,
	268	+	2025.
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273		-	128 HB167 Engrossed
274		-	Page 6
275		-	1, 2025.
276		-	House of Representatives
277		-	Read for the first time and referred
278		-	to the House of Representatives
279		-	committee on Public Safety and
280		-	Homeland Security
281		-	................05-Feb-25
282		-	Read for the second time and placed
283		-	on the calendar:
284		-	1 amendment
285		-	................20-Feb-25
286		-	Read for the third time and passed
287		-	as amended
288		-	Yeas 100
289		-	Nays 0
290		-	Abstains 3
291		-	................27-Feb-25
292		-	John Treadwell
293		-	Clerk
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