HB167ENGROSSED
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HB167
JPTGTFN-2
By Representative Treadaway
RFD: Public Safety and Homeland Security
First Read: 05-Feb-25
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First Read: 05-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to unclaimed motor vehicles; to amend Section
32-8-84, Code of Alabama 1975, to further provide for
notification to the Department of Revenue of an unclaimed
motor vehicle after the towing of the vehicle.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-8-84 of the Code of Alabama 1975,
is amended to read as follows:
"ยง32-8-84
(a) The following shall be considered an unclaimed
motor vehicle:
(1) A motor vehicle left unattended on a public road or
highway for more than 48 hours.
(2) A motor vehicle, not left on private property for
repairs, that has remained on private or other public property
for a period of more than 48 hours without the consent of the
owner or lessee of the property.
(3) A motor vehicle, left on private property for
repairs, that has not been reclaimed within 48 hours from the
latter of either the date the repairs were completed or the
agreed upon redemption date.
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agreed upon redemption date.
(b)(1)AExcept as otherwise provided in subdivision
(2), a person, as defined in Section 40-12-240, in possession
of an unclaimed motor vehicle shall report the motor vehicle
as unclaimed to the Department of Revenue within five calendar
days from the date the motor vehicle first was considered
unclaimed.
(2) A person in possession of a towed motor vehicle may
report the vehicle to the Department of Revenue immediately
after towing the vehicle.
(3) The report shall be made in a manner as prescribed
by the department on the Unclaimed/Abandoned Vehicle Portal
maintained by the Department of Revenue .
(c)(1) Upon receiving notice as required in subsection
(b), the department shall place a 60-calendar day hold on the
title record and no title shall be issued during that time
period unless the title transaction occurred prior to the date
the motor vehicle was deemed unclaimed or the motor vehicle
was returned to the recorded owner or lienholder of record, if
any.
(2) If the motor vehicle was returned to the recorded
owner or lienholder of record, if any, prior to the conclusion
of the hold period on the title record, the person who
reported the motor vehicle as unclaimed shall report the
return of the motor vehicle within five calendar days in a
manner as prescribed by the department.
(d)(1) A person in possession of an unclaimed motor
vehicle, upon reporting the motor vehicle as unclaimed to the
department, shall utilize the National Motor Vehicle Title
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department, shall utilize the National Motor Vehicle Title
Information System (NMVTIS) to determine the current title
state of record or, if no current title exists for the motor
vehicle, the most recent state of registration for the motor
vehicle. Thereafter, the person shall submit a records request
to the state of record within five calendar days from the date
the motor vehicle was reported as unclaimed to the department.
(2) The records request shall be sent to the current
title state of record in order to obtain the name and address
of the owner and lienholder of record, if any. If no current
title exists, the records request shall be sent to the most
recent state of registration in order to obtain the name and
address of the owner.
(3)a. In the event that no NMVTIS record exists and
there is evidence that could be reasonably ascertained by the
person indicating that the motor vehicle has been registered
in another state, the person, within five calendar days from
the date the motor vehicle was reported as unclaimed to the
department, shall submit a records request to the state of
registration in order to obtain the name and address of the
owner. Thereafter, the person shall send notice by certified
mail with either return receipt requested or electronic
delivery confirmation, within five calendar days from receipt
of the title record, to the owner and lienholder of record, if
any, or registration record, to the owner of record, advising
the owner and lienholder of record, if any, of the location of
the motor vehicle, normal business hours of the facility
holding the motor vehicle, any accrued charges or fees, the
daily storage rate, and the mailing address and contact
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daily storage rate, and the mailing address and contact
telephone number of the person in possession of the motor
vehicle.
b. The notice required in paragraph a. shall include
the following language in no smaller than 10 point type: "If
this motor vehicle is not redeemed by the recorded owner or
lienholder of record within 30 calendar days from the date of
this notice, the motor vehicle shall be considered abandoned
as defined in Section 32-13-1 , Code of Alabama 1975 . The motor
vehicle may then be sold pursuant to the provisions of the
Alabama Abandoned Motor Vehicle Act as provided for in Title
32, Chapter 13, Code of Alabama 1975 ."
(4) A person who fails to report a motor vehicle as
unclaimed or fails to notify the owner and lienholder of
record, if any, in accordance with this subsection shall
forfeit all claims and liens for the motor vehicle's garaging,
parking, and storage prior to the time the motor vehicle is
reported as unclaimed; provided, however, failure to report
shall not result in the forfeiture of claims and liens for the
towing and repair of a motor vehicle.
(e)(1) The department shall maintain and appropriately
index public records of unclaimed motor vehicles reported to
it pursuant to this section. The department may provide lists
of the vehicle identification numbers for such the motor
vehicles without fee in a manner as the department prescribes.
(2) The department shall provide notice of unclaimed
motor vehicles to law enforcement.
(3) Notice shall also be provided to the person who
reported the motor vehicle as unclaimed if it has been
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reported the motor vehicle as unclaimed if it has been
reported as stolen to law enforcement.
(f)(1) The department may suspend the registration of a
vehicle whose theft or conversion is reported to it pursuant
to this section. Until the department learns of its recovery
or that the report of its theft or conversion was erroneous,
itthe department shall not issue a certificate of title for
the motor vehicle.
(2) A title shall be issued by the department in the
name of an insurance company on a vehicle that is reported
stolen when a settlement between the insured and his or her
insurance company has occurred. The title shall be issued
electronically in the name of the insurance company until the
vehicle has been recovered, and, if recovered, the title may
be issued in paper form."
Section 2. This act shall become effective on October
1, 2025.
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1, 2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Public Safety and
Homeland Security
................05-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................20-Feb-25
Read for the third time and passed
as amended
Yeas 100
Nays 0
Abstains 3
................27-Feb-25
John Treadwell
Clerk
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