Alabama 2025 Regular Session

Alabama Senate Bill SB96 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB96ENROLLED~~
	1	+	SB96ENGROSSED
2	2		Page 0
3	3		SB96
4		-	EBWV229-3
	4	+	EBWV229-2
5	5		By Senator Carnley
6	6		RFD: Banking and Insurance
7	7		First Read: 05-Feb-25
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12		-	5 SB96 ~~Enrolled~~
	12	+	5 SB96 Engrossed
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14	14		First Read: 05-Feb-25
15		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
16	18		Relating to salvage vehicle certificates of title; to
17	19		amend Section 32-8-87, Code of Alabama 1975; to provide that
18	20		Alabama vehicle owners may apply for a salvage certificate of
19	21		title if their vehicle is declared a loss in any state; and to
20	22		make nonsubstantive, technical revisions to update the
21	23		existing code language to current style.
22	24		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23	25		Section 1. Section 32-8-87 of the Code of Alabama 1975,
24	26		is amended to read as follows:
25	27		"§32-8-87
26	28		(a)(1) Each owner of a motor vehicle and each person
27	29		individual mentioned as owner in the last certificate of title
28	30		who scraps, dismantles, destroys, or changes the motor vehicle
29	31		in such a manner that it is not the same motor vehicle
30	32		described in the certificate of origin or certificate of title
31	33		shall as soon as practicable cause the certificate of origin
32	34		or certificate of title, if any, and any other documents or
33	35		information required by the department to be mailed or
34	36		delivered to the department for processing.
35	37		(2) The department shall, with the consent of any
36		-	holder of liens noted on the surrendered certificate, shall
37		-	enter a cancellation upon its records. Upon cancellation of a
38		-	certificate of origin or certificate of title in the manner
39		-	prescribed by this section, the department shall cancel all
40		-	certificates of origin or certificates of title in that chain
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	67	+	(2) The department shall, with the consent of any
	68	+	holder of liens noted on the surrendered certificate, shall
	69	+	enter a cancellation upon its records. Upon cancellation of a
	70	+	certificate of origin or certificate of title in the manner
	71	+	prescribed by this section, the department shall cancel all
70	72		certificates of origin or certificates of title in that chain
71	73		of title. A certificate of title for the vehicle shall not
72	74		again be issued except upon application containing the
73	75		information the department requires, accompanied by a
74	76		certificate of inspection in the form and content as specified
75	77		in this section.
76	78		(3) No motor vehicle for which a salvage or junk
77	79		certificate has been issued by this state or any other state
78	80		shall be driven or operated on the highways or other public
79	81		places of this state. A vehicle which is in this state and for
80	82		which a salvage certificate has been issued, and the vehicle
81	83		is being restored to its operating condition which existed
82	84		prior to the event which caused the salvage certificate of
83	85		title to issue, may be moved to and from repair points as
84	86		necessary by the rebuilder to complete the restoration or may
85	87		be moved as permitted by the Department of Revenue department
86	88		for inspection or for any other purpose. A valid Alabama
87	89		dealer license plate shall be displayed on the vehicle during
88	90		its movement. A person An individual who violates this
89	91		subsection subdivision shall, upon conviction, be guilty of a
90	92		Class A misdemeanor and shall be punishable as required by
91	93		law.
92	94		(b)(1) When the frame or engine is removed from a motor
93	95		vehicle and not immediately replaced by another frame or
94		-	engine, or when an insurance company has paid money or made
95		-	other monetary settlement as compensation for a total loss of
96		-	any motor vehicle, the motor vehicle shall be considered to be
97		-	salvage.
98		-	The owner of every motor vehicle in which the total
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	125	+	vehicle and not immediately replaced by another frame or
	126	+	engine, or when an insurance company has paid money or made
	127	+	other monetary settlement as compensation for a total loss of
	128	+	any motor vehicle, the motor vehicle shall be considered to be
	129	+	salvage.
128	130		The owner of every motor vehicle in which the total
129	131		loss or salvage has occurred and which has a current title
130	132		issued in this state or the vehicle is located in this state
131	133		at the time of title application or branding or both, or the
132	134		owner is an Alabama resident in this state, shall , within 72
133	135		hours after the total loss or salvage occurs, shall make
134	136		application for a salvage certificate of title and forward to
135	137		the department the certificate of origin or certificate of
136	138		title to the motor vehicle , whereupon and the department shall
137	139		process the certificate of origin or certificate of title in a
138	140		manner prescribed by law or regulation rule.
139	141		An insurance company which that pays money or makes
140	142		other monetary settlement as compensation for total loss of a
141	143		motor vehicle shall at the time of payment or monetary
142	144		settlement obtain the vehicle's properly assigned certificate
143	145		of origin or certificate of title and, as soon as practicable
144	146		after receiving it, shall forward it along with their
145	147		application for a salvage certificate, to the department for
146	148		processing.
147	149		In the event the payment or monetary settlement was
148	150		made because of the theft of the vehicle, which shall be
149	151		considered a total loss as defined in this section, the
150	152		insurance company shall forward the vehicle's properly
151	153		assigned certificate of origin or certificate of title as
152		-	provided herein, to the department as soon as practicable
153		-	after the vehicle is recovered.
154		-	(2) When a stolen motor vehicle has been reported to
155		-	the department in compliance with this section and is later
156		-	recovered, and for which a salvage certificate has been
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	183	+	assigned certificate of origin or certificate of title as
	184	+	provided herein, to the department as soon as practicable
	185	+	after the vehicle is recovered.
	186	+	(2) When a stolen motor vehicle has been reported to
	187	+	the department in compliance with this section and is later
186	188		recovered, and for which a salvage certificate has been
187	189		issued, the owner recorded on the salvage certificate shall
188	190		assign that certificate to the purchaser. A person An
189	191		individual who violates this subsection shall, upon
190	192		conviction, be guilty of a Class A misdemeanor and shall be
191	193		punishable as required by law .
192	194		(c) If an insurance company acquires a motor vehicle in
193	195		settlement of an insurance claim and holds the vehicle for
194	196		resale and procures the certificate of origin or certificate
195	197		of title from the owner or lienholder within 15 days after
196	198		delivery of the vehicle to the insurance company, and if the
197	199		vehicle was not a total loss as defined by this section
198	200		subsection (d), the insurance company need not send the
199	201		certificate of origin or certificate of title to the
200	202		department but, upon transferring the vehicle to another
201	203		person individual, other than by the creation of a security
202	204		interest, the insurance company shall complete an affidavit of
203	205		acquisition and disposition of the motor vehicle on a form
204	206		prescribed by the department and deliver the certificate of
205	207		origin or certificate of title, affidavit, and any other
206	208		documents required by the department to the transferee at the
207	209		time of delivery of the motor vehicle.
208	210		(d)(1) For the purposes of this section, a total loss
209	211		shall occur when an insurance company or any other person
210		-	individual pays or makes other monetary settlement to a person
211		-	an individual when a vehicle is damaged and the damage to the
212		-	vehicle is greater than or equal to 75 percent of the fair
213		-	retail value of the vehicle prior to damage as set forth in a
214		-	current edition of a nationally recognized compilation of
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	241	+	shall occur when an insurance company or any other person
	242	+	individual pays or makes other monetary settlement to a person
	243	+	an individual when a vehicle is damaged and the damage to the
	244	+	vehicle is greater than or equal to 75 percent of the fair
	245	+	retail value of the vehicle prior to damage as set forth in a
244	246		current edition of a nationally recognized compilation of
245	247		retail values, including automated data bases databases.
246	248		The compensation for total loss as defined in this
247	249		subsection shall not include payments by an insurer or other
248	250		person individual for medical care, bodily injury, vehicle
249	251		rental, or for anything other than the amount paid for the
250	252		actual damage to the motor vehicle. A vehicle that has
251	253		sustained minor damage as a result of theft or vandalism shall
252	254		not be considered a total loss.
253	255		Any person individual acquiring ownership of a damaged
254	256		motor vehicle that meets the definition of total loss for
255	257		which a salvage title has not been issued shall apply for a
256	258		salvage title, other than a scrap metal processor acquiring
257	259		such the vehicle for purposes of recycling into metallic scrap
258	260		for remelting purposes only. This application shall be made
259	261		before the vehicle is further transferred, but in any event,
260	262		within 30 days after ownership is acquired.
261	263		(e) It shall be unlawful for the owner of any junkyard,
262	264		salvage yard, or automotive dismantler and parts recycler or
263	265		his or her agents or employees to have in their possession any
264	266		motor vehicle which that is junk or salvage or a total loss
265	267		when the manufacturer's vehicle identification number plate or
266	268		plates, authorized replacement vehicle identification number
267	269		plate or plates, or serial plate or plates have been removed,
268		-	unless previously required to be removed by a statute or law
269		-	of this state or another jurisdiction. A person An individual
270		-	who violates this subsection shall, upon conviction, be guilty
271		-	of a Class A misdemeanor and shall be punishable as required
272		-	by law.
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	299	+	plate or plates, or serial plate or plates have been removed,
	300	+	unless previously required to be removed by a statute or law
	301	+	of this state or another jurisdiction. A person An individual
	302	+	who violates this subsection shall, upon conviction, be guilty
	303	+	of a Class A misdemeanor and shall be punishable as required
302	304		by law.
303	305		(f) It shall be unlawful for a person, firm, or
304	306		corporation an individual to possess, sell or exchange, offer
305	307		to sell or exchange, or to give away any certificate of
306	308		origin, certificate of title, salvage certificate of title,
307	309		manufacturer's identification number plate or plates,
308	310		authorized replacement vehicle identification number plate or
309	311		plates, serial plate or plates, or motor vehicle license plate
310	312		or plates of any motor vehicle which that has been scrapped,
311	313		dismantled, or sold as junk or salvage or as a total loss
312	314		contrary to in violation of this section, subsection. An
313	315		individual who violates this subsection shall and every
314	316		officer, agent, or employee of a person, firm, or corporation,
315	317		and every person who shall authorize, direct, aid in or
316	318		consent to the possession, sale or exchange, or offer to sell,
317	319		exchange, or give away such certificate of origin, certificate
318	320		of title, salvage certificate of title, manufacturer's vehicle
319	321		identification number plate or plates, authorized replacement
320	322		vehicle identification number plate or plates, serial plate or
321	323		plates, or motor vehicle license plate or plates contrary to
322	324		this section, shall, upon conviction, be guilty of a Class A
323	325		misdemeanor and shall be punishable as required by law .
324	326		(g) The department is authorized may to issue a salvage
325	327		certificate of title for a fee of fifteen dollars ($15), on a
326		-	form prescribed by the department which shall provide for
327		-	assignments of this the salvage certificate of title. The
328		-	salvage certificate of title is to shall replace a certificate
329		-	of origin or certificate of title required to be surrendered
330		-	by this section. The department shall prescribe necessary
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	357	+	certificate of title for a fee of fifteen dollars ($15), on a
	358	+	form prescribed by the department which shall provide for
	359	+	assignments of this the salvage certificate of title. The
	360	+	salvage certificate of title is to shall replace a certificate
	361	+	of origin or certificate of title required to be surrendered
360	362		by this section. The department shall prescribe necessary
361	363		forms and procedures to comply with this subsection.
362	364		(h) It shall be unlawful for a person an individual to
363	365		sign as assignor or for a person an individual to have in his
364	366		or her possession a salvage certificate of title which that
365	367		has been signed by the owner as assignor without the name of
366	368		the assignee and other information called for on the form
367	369		prescribed by the department. A person An individual who
368	370		violates this subsection, upon conviction, shall be guilty of
369	371		a Class A misdemeanor and shall be punishable as required by
370	372		law.
371	373		(i) Every owner of a salvage or junk motor vehicle who
372	374		sells or transfers the vehicle to any person individual shall
373	375		provide at the time of the sale or transfer a properly
374	376		executed assignment and warranty of title to the transferee in
375	377		the space provided therefor on the salvage certificate of
376	378		title or junk certificate of title or as the department
377	379		prescribes. A person An individual who willfully violates this
378	380		subsection shall, upon conviction, be guilty of a Class A
379	381		misdemeanor and shall be punishable as required by law .
380	382		(j)(1) The department may issue a certificate of title
381	383		to any motor vehicle for which a salvage certificate has been
382	384		issued by this or any other state, and the vehicle has, in
383	385		this state, been completely restored to its operating
384		-	condition which existed prior to the event which caused the
385		-	salvage certificate of title to issue, provided that all
386		-	requirements of this section have been met.
387		-	(2) The department may issue a certificate of title for
388		-	any motor vehicle for which a salvage certificate of title has
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	415	+	this state, been completely restored to its operating
	416	+	condition which existed prior to the event which caused the
	417	+	salvage certificate of title to issue, provided that all
	418	+	requirements of this section have been met.
	419	+	(2) The department may issue a certificate of title for
418	420		any motor vehicle for which a salvage certificate of title has
419	421		been issued by this or any other state or when the department
420	422		has evidence that a salvage title should have been issued by
421	423		this or any other state, and the vehicle has been completely
422	424		restored outside of this state to its operating condition
423	425		which existed prior to the event which caused the salvage
424	426		certificate of title to be issued, provided the department is
425	427		satisfied that the vehicle was rebuilt in the other state in
426	428		accordance with that state's salvage rebuilding laws.
427	429		(3) Any motor vehicle for which a certificate of title
428	430		has been issued by any state with the notation of junk, parts
429	431		car, parts only, nonrebuildable, or when a certificate of
430	432		destruction or bill of sale has been issued for transfer of
431	433		the vehicle with similar language shall be considered to be a
432	434		junk vehicle and shall not be titled in this state.
433	435		(4) Notwithstanding any other provision of this
434	436		subsection In addition, no certificate of title may be issued
435	437		for any vehicle where the frame or the majority of the major
436	438		component parts were obtained from a junk vehicle as
437	439		previously defined .
438	440		(k) Every owner of a salvage motor vehicle designated a
439	441		1975 year model and all models subsequent thereto which is in
440	442		this state and which has been restored in this state to its
441	443		operating condition which existed prior to the event which
442		-	caused the salvage certificate of title to issue shall make
443		-	application to the department for an inspection of the vehicle
444		-	in the form and content as determined by the department. Each
445		-	application for inspection of a salvage vehicle which has been
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	473	+	operating condition which existed prior to the event which
	474	+	caused the salvage certificate of title to issue shall make
	475	+	application to the department for an inspection of the vehicle
	476	+	in the form and content as determined by the department. Each
474	477		application for inspection of a salvage vehicle which has been
475	478		so restored shall be accompanied by all of the following:
476	479		(1) The outstanding salvage certificate or out-of-state
477	480		title previously issued for the salvage vehicle.
478	481		(2) Notarized bills of sale evidencing acquisition of
479	482		all major component parts ,(listing the manufacturer's vehicle
480	483		identification number of the vehicle from which the parts were
481	484		removed, if parts contain or should contain the manufacturer's
482	485		vehicle identification number ) used to restore the vehicle and
483	486		bills of sale evidencing acquisition of all minor component
484	487		parts. Notarization shall not be required on bills of sale for
485	488		minor component parts; provided , that a notarized bill of sale
486	489		which lists the manufacturer's vehicle identification number
487	490		of the vehicle from which the parts were removed, if parts
488	491		contain or should contain the manufacturer's vehicle
489	492		identification number, shall be required for a transmission.
490	493		(3) Evidence that the owner is a licensed motor vehicle
491	494		rebuilder, as defined in Section 40-12-390, unless otherwise
492	495		exempt from the licensing requirement by Chapter 12 of Title
493	496		40. Notwithstanding the foregoing, where an owner acquires an
494	497		Alabama salvage certificate of title to his or her own vehicle
495	498		from his or her insurance company in settlement of a claim, a
496	499		prior registration or other documentation that shows that the
497	500		owner owned the vehicle prior to the salvage title being
498	501		issued may be submitted in lieu of a rebuilder's license.
499		-	(4) The owner shall also provide a A written
500		-	affirmation which states by the owner stating all of the
501		-	following:
502		-	a. The actions taken to restore the vehicle to its
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	531	+	issued may be submitted in lieu of a rebuilder's license.
	532	+	(4) The owner shall also provide a A written
	533	+	affirmation which states by the owner stating all of the
	534	+	following:
532	535		a. The actions taken to restore the vehicle to its
533	536		operating condition which existed prior to the event which
534	537		caused the salvage certificate to issue.
535	538		b. That the owner personally inspected the completed
536	539		vehicle and it complies with all safety requirements set forth
537	540		by the State of Alabama and any regulations promulgated
538	541		adopted thereunder.
539	542		c. That the identification numbers of the restored
540	543		vehicle and its parts have not, to the knowledge of the owner,
541	544		been removed, destroyed, falsified, altered, or defaced.
542	545		d. That the salvage certificate document or
543	546		out-of-state title certificate attached to the application has
544	547		not to the knowledge of the owner been forged, falsified,
545	548		altered, or counterfeited.
546	549		e. That all information contained on the application
547	550		and its attachments is true and correct to the knowledge of
548	551		the owner.
549	552		f. The An acknowledgment that the owner, as specified
550	553		in subsection (r), shall be required to post a bond in
551	554		accordance with Section 32-8-36 in the event that the owner
552	555		cannot provide any information required in this subsection (k)
553	556		or any other information specified by the department.
554	557		(l) The application fee for each inspection of a
555	558		restored vehicle shall be seventy-five dollars ($75), payable
556	559		to the department in a manner as prescribed by the department,
557		-	which and shall accompany the application.
558		-	(1) All application fees and title fees received by the
559		-	department pursuant to this subsection shall be applied toward
560		-	the personnel and maintenance costs of the vehicle inspection
561		-	252
562	560		253
563	561		254
564	562		255
565	563		256
566	564		257
567	565		258
568	566		259
569	567		260
570	568		261
571	569		262
572	570		263
573	571		264
574	572		265
575	573		266
576	574		267
577	575		268
578	576		269
579	577		270
580	578		271
581	579		272
582	580		273
583	581		274
584	582		275
585	583		276
586	584		277
587	585		278
588		-	279 SB96 Enrolled
	586	+	279
	587	+	280 SB96 Engrossed
589	588		Page 11
	589	+	to the department in a manner as prescribed by the department,
	590	+	which and shall accompany the application.
	591	+	(1) All application fees and title fees received by the
	592	+	department pursuant to this subsection shall be applied toward
590	593		the personnel and maintenance costs of the vehicle inspection
591	594		program and the vehicle inspection program shall be conducted
592	595		by the office of investigations and inspections of the
593	596		department. Upon receipt of the application for inspection,
594	597		application fee of seventy-five dollars ($75), its supporting
595	598		documents, and title fee of fifteen dollars ($15), payable to
596	599		the department in a manner as prescribed by the department,
597	600		the department shall require an inspection to be made of the
598	601		title and the vehicle by qualified agents or law enforcement
599	602		officers of the department.
600	603		(2) The inspection and certification shall include an
601	604		examination of the vehicle and its parts to determine that the
602	605		identification numbers of the vehicle or its parts have not
603	606		been removed, falsified, altered, defaced, destroyed, or
604	607		tampered with; that the vehicle information contained in the
605	608		application for certificate of title and supporting documents
606	609		is true and correct; and that there are no indications that
607	610		the vehicle or any of its parts are stolen. The certification
608	611		shall not attest to the roadworthiness or safety condition of
609	612		the vehicle.
610	613		(m) Component parts are defined as:
611	614		(1) PASSENGER VEHICLES.
612	615		a. Major components:
613	616		1. Motor or engine.
614	617		2. Trunk floor pan or rear section and roof.
615		-	3. Frame or any portion thereof ,(except frame horn ),
616		-	or, in the case of a unitized body, the supporting structure
617		-	which serves as the frame, except when it is a part of the
618		-	trunk floor pan, or rear section and roof.
619		-	280
620	618		281
621	619		282
622	620		283
623	621		284
624	622		285
625	623		286
626	624		287
627	625		288
628	626		289
629	627		290
630	628		291
631	629		292
632	630		293
633	631		294
634	632		295
635	633		296
636	634		297
637	635		298
638	636		299
639	637		300
640	638		301
641	639		302
642	640		303
643	641		304
644	642		305
645	643		306
646		-	307 SB96 Enrolled
	644	+	307
	645	+	308 SB96 Engrossed
647	646		Page 12
	647	+	2. Trunk floor pan or rear section and roof.
	648	+	3. Frame or any portion thereof ,(except frame horn ),
	649	+	or, in the case of a unitized body, the supporting structure
	650	+	which serves as the frame, except when it is a part of the
648	651		trunk floor pan, or rear section and roof.
649	652		4. Cowl, firewall, or any portion thereof.
650	653		5. Roof assembly.
651	654		b. Minor components:
652	655		1. Each door allowing entrance to or egress from the
653	656		passenger compartment.
654	657		2. Hood.
655	658		3. Each front fender or each rear fender when used with
656	659		a rear section and roof.
657	660		4. Deck lid, tailgate, or hatchback ,(whichever is
658	661		present).
659	662		5. Each quarter panel.
660	663		6. Each bumper.
661	664		7. T-tops, moon roof, or whichever is present.
662	665		8. Transmission or trans-axle.
663	666		(2) TRUCK, TRUCK TYPE, OR BUS TYPE VEHICLE.
664	667		a. Major components:
665	668		1. Motor or engine.
666	669		2. Transmission or trans-axle.
667	670		3. Frame or any portion thereof ,(except frame horn ),
668	671		or, in the case of a unitized body, the supporting structure
669	672		which serves as the frame.
670	673		4. Cab.
671	674		5. Cowl or firewall or any portion thereof.
672	675		6. Roof assembly.
673		-	7. Cargo compartment floor panel or passenger
674		-	compartment floor pan.
675		-	b. Minor components:
676		-	1. Each door.
677		-	308
678	676		309
679	677		310
680	678		311
681	679		312
682	680		313
683	681		314
684	682		315
685	683		316
686	684		317
687	685		318
688	686		319
689	687		320
690	688		321
691	689		322
692	690		323
693	691		324
694	692		325
695	693		326
696	694		327
697	695		328
698	696		329
699	697		330
700	698		331
701	699		332
702	700		333
703	701		334
704		-	335 SB96 Enrolled
	702	+	335
	703	+	336 SB96 Engrossed
705	704		Page 13
	705	+	6. Roof assembly.
	706	+	7. Cargo compartment floor panel or passenger
	707	+	compartment floor pan.
	708	+	b. Minor components:
706	709		1. Each door.
707	710		2. Hood.
708	711		3. Grill, except on one ton or smaller trucks.
709	712		4. Each bumper.
710	713		5. Each front fender.
711	714		6. Roof panel and rear cab panel.
712	715		7. Each rear fender or side panel.
713	716		8. Pickup box.
714	717		9. Body or bed.
715	718		(3) MOTORCYCLE: COMPONENT PARTS.
716	719		a. Engine or motor.
717	720		b. Transmission or trans-axle.
718	721		c. Frame.
719	722		d. Front fork.
720	723		e. Crankcase.
721	724		(n) A salvage vehicle which that has been restored in
722	725		this state to its operating condition which existed prior to
723	726		the event which caused the salvage certificate of title to
724	727		issue shall be issued a certificate of title which shall
725	728		contain the word "rebuilt."
726	729		(o)(1) Each salvage vehicle restored or rebuilt in this
727	730		state which is required to be inspected by the department
728	731		pursuant to subsection (l) and for which a certificate of
729	732		title may be issued pursuant to subsection (n) shall be issued
730	733		a decal, plate, or other emblem as prescribed by the
731		-	department to reflect that the vehicle is rebuilt. The decal,
732		-	plate, or other emblem shall be attached to the vehicle in a
733		-	place and in a manner prescribed by the department.
734		-	(2) A person An individual who willfully removes,
735		-	336
736	734		337
737	735		338
738	736		339
739	737		340
740	738		341
741	739		342
742	740		343
743	741		344
744	742		345
745	743		346
746	744		347
747	745		348
748	746		349
749	747		350
750	748		351
751	749		352
752	750		353
753	751		354
754	752		355
755	753		356
756	754		357
757	755		358
758	756		359
759	757		360
760	758		361
761	759		362
762		-	363 SB96 Enrolled
	760	+	363
	761	+	364 SB96 Engrossed
763	762		Page 14
	763	+	a decal, plate, or other emblem as prescribed by the
	764	+	department to reflect that the vehicle is rebuilt. The decal,
	765	+	plate, or other emblem shall be attached to the vehicle in a
	766	+	place and in a manner prescribed by the department.
764	767		(2) A person An individual who willfully removes,
765	768		mutilates, tampers with, obliterates, or destroys a decal,
766	769		plate, or other emblem issued and attached to a salvage
767	770		vehicle pursuant to this subsection is guilty of a Class A
768	771		misdemeanor punishable as provided by law .
769	772		(p) Each person individual who sells, exchanges,
770	773		delivers, or otherwise transfers any interest in any vehicle
771	774		for which a title bearing the designation salvage or rebuilt
772	775		has been issued shall disclose in writing the existence of
773	776		this title to the prospective purchaser, recipient in
774	777		exchange, recipient by donation, or recipient by other act of
775	778		transfer. The disclosure, which shall be made at the time of
776	779		or prior to the completion of the sale, exchange, donation, or
777	780		other act of transfer, shall contain the following information
778	781		in no smaller than 10 point type: "This vehicle's title
779	782		contains the designation salvage or rebuilt."
780	783		(q)(1) Any motor vehicle for which an insurance company
781	784		has paid a total loss due, in part, to being damaged by water
782	785		shall be deemed a flood vehicle. The motor vehicle's
783	786		certificate of title and every subsequent certificate of title
784	787		shall contain the designation "flood vehicle."
785	788		(2) Each person individual who sells, exchanges,
786	789		donates, delivers, or otherwise transfers any interest for
787	790		which a certificate of title bearing the designation flood
788	791		vehicle has been issued shall disclose in writing the
789		-	existence of this designation to the prospective purchaser,
790		-	recipient in exchange, recipient by donation, or recipient by
791		-	other act of transfer. The disclosure shall be made at the
792		-	time of or prior to the completion of the sale, exchange,
793		-	364
794	792		365
795	793		366
796	794		367
797	795		368
798	796		369
799	797		370
800	798		371
801	799		372
802	800		373
803	801		374
804	802		375
805	803		376
806	804		377
807	805		378
808	806		379
809	807		380
810	808		381
811	809		382
812	810		383
813	811		384
814	812		385
815	813		386
816	814		387
817	815		388
818	816		389
819	817		390
820		-	391 SB96 Enrolled
	818	+	391
	819	+	392 SB96 Engrossed
821	820		Page 15
	821	+	vehicle has been issued shall disclose in writing the
	822	+	existence of this designation to the prospective purchaser,
	823	+	recipient in exchange, recipient by donation, or recipient by
	824	+	other act of transfer. The disclosure shall be made at the
822	825		time of or prior to the completion of the sale, exchange,
823	826		donation, delivery, or other act of transfer and shall contain
824	827		the following information in no smaller than 10 point type:
825	828		"The certificate of title of this motor vehicle contains the
826	829		designation flood vehicle. "
827	830		(r) If an owner acquires a salvage vehicle for which a
828	831		previous insurer or owner did not properly obtain a salvage
829	832		title from this or any other state or the vehicle was rebuilt
830	833		by a rebuilder who is no longer licensed as a rebuilder, the
831	834		current owner may proceed as provided in subsection (k) and
832	835		apply for an inspection of the vehicle. In any case where the
833	836		department has determined that an insurer or prior owner did
834	837		not properly obtain a salvage certificate of title, a prior
835	838		registration or other documentation that shows that the owner
836	839		owned the vehicle prior to the notification by the department
837	840		may be submitted in lieu of a rebuilder's license.
838	841		(s)(1)a. A licensed automotive dismantler and parts
839	842		recycler as defined in Section 40-12-410, secondary metals
840	843		recycler as defined in Section 13A-8-30, who acquires a motor
841	844		vehicle for the purpose of dismantling it or recycling it into
842	845		metallic scrap for melting purposes , or any person individual
843	846		who crushes a motor vehicle acquired from anyone other than a
844	847		licensed automotive dismantler and parts recycler or a
845	848		secondary metal recycler, except as provided in subdivision
846	849		(2), shall surrender any certificate of title received to the
847		-	department for cancellation in a manner as prescribed by the
848		-	department. A notice of cancellation shall be submitted and a
849		-	receipt of the notice shall be obtained from the department
850		-	prior to crushing the vehicle or dismantling the vehicle or
851		-	392
852	850		393
853	851		394
854	852		395
855	853		396
856	854		397
857	855		398
858	856		399
859	857		400
860	858		401
861	859		402
862	860		403
863	861		404
864	862		405
865	863		406
866	864		407
867	865		408
868	866		409
869	867		410
870	868		411
871	869		412
872	870		413
873	871		414
874	872		415
875	873		416
876	874		417
877	875		418
878		-	419 SB96 Enrolled
	876	+	419
	877	+	420 SB96 Engrossed
879	878		Page 16
	879	+	(2), shall surrender any certificate of title received to the
	880	+	department for cancellation in a manner as prescribed by the
	881	+	department. A notice of cancellation shall be submitted and a
	882	+	receipt of the notice shall be obtained from the department
880	883		prior to crushing the vehicle or dismantling the vehicle or
881	884		recycling it into metallic scrap for remelting purposes. A
882	885		licensed automotive dismantler and parts recycler or secondary
883	886		metals recycler shall file the notice electronically and the
884	887		department, at the time of filing, shall provide the filer
885	888		with an electronic notice of receipt. The licensed automotive
886	889		dismantler and parts recycler or secondary metals recycler
887	890		shall maintain the properly assigned original certificate of
888	891		title when the notice is filed electronically. The department
889	892		shall verify through its records that the title is the current
890	893		title of the motor vehicle and that the vehicle is not
891	894		reported as stolen prior to issuing the receipt.
892	895		b. Each licensed automotive dismantler and parts
893	896		recycler, secondary metals recycler, and any other person
894	897		individual who crushes a motor vehicle shall maintain records
895	898		of every motor vehicle crushed or acquired for the purpose of
896	899		dismantling it or recycling it into metallic scrap for
897	900		remelting purposes. The records shall be maintained by these
898	901		parties for a period of not less than five years and shall
899	902		include the vehicle identification number, name and address of
900	903		the seller, copy of the seller's state issued driver's driver
901	904		license or identification card, the date of sale, and a copy
902	905		of the certificate of title surrendered to the department. In
903	906		the event that a person an individual crushes a vehicle or
904	907		vehicles on behalf of the owner but does not acquire the
905		-	vehicle or vehicles, that person individual shall maintain a
906		-	record of the vehicle identification number, and the name and
907		-	address of the entity for whom the vehicles were crushed, as
908		-	well as a copy of the person's individual's state issued
909		-	420
910	908		421
911	909		422
912	910		423
913	911		424
914	912		425
915	913		426
916	914		427
917	915		428
918	916		429
919	917		430
920	918		431
921	919		432
922	920		433
923	921		434
924	922		435
925	923		436
926	924		437
927	925		438
928	926		439
929	927		440
930	928		441
931	929		442
932	930		443
933	931		444
934	932		445
935	933		446
936		-	447 SB96 Enrolled
	934	+	447
	935	+	448 SB96 Engrossed
937	936		Page 17
	937	+	vehicles on behalf of the owner but does not acquire the
	938	+	vehicle or vehicles, that person individual shall maintain a
	939	+	record of the vehicle identification number, and the name and
	940	+	address of the entity for whom the vehicles were crushed, as
938	941		well as a copy of the person's individual's state issued
939	942		driver's driver license or identification card, or state
940	943		issued tax ID number if the entity is not a natural person.
941	944		For purposes of this chapter, a crushed motor vehicle as
942	945		defined in Section 40-12-116 shall not be deemed a motor
943	946		vehicle or vehicle ,; provided, however, that any person
944	947		individual who is responsible for transforming a motor vehicle
945	948		into a crushed motor vehicle is responsible for complying with
946	949		this section.
947	950		(2) Notwithstanding any other provision of this title
948	951		to the contrary, if the owner or authorized agent of the owner
949	952		of a motor vehicle has not obtained a title in his or her name
950	953		for the motor vehicle to be transferred, he or she may sign a
951	954		sworn statement that, in addition to the foregoing conditions,
952	955		the vehicle is worth one thousand dollars ($1,000) or less and
953	956		is at least 12 model years old. The statement described in
954	957		this subsection may be used only to transfer such a motor
955	958		vehicle to a licensed automotive dismantler and parts recycler
956	959		as defined at in Section 40-12-410 or secondary metals
957	960		recycler as defined at in Section 13A-8-30 and shall be used
958	961		in lieu of a certificate of title when the motor vehicle is
959	962		being dismantled or recycled into metallic scrap. The
960	963		department, in consultation with the above industries, shall
961	964		promulgate adopt a form for the statement which shall include,
962	965		but not be limited to, all of the following information:
963		-	a. A statement that the motor vehicle shall never be
964		-	titled again and that it must be dismantled or scrapped.
965		-	b. A description of the motor vehicle including the
966		-	year, make, model, and vehicle identification number.
967		-	448
968	966		449
969	967		450
970	968		451
971	969		452
972	970		453
973	971		454
974	972		455
975	973		456
976	974		457
977	975		458
978	976		459
979	977		460
980	978		461
981	979		462
982	980		463
983	981		464
984	982		465
985	983		466
986	984		467
987	985		468
988	986		469
989	987		470
990	988		471
991	989		472
992	990		473
993	991		474
994		-	475 SB96 Enrolled
	992	+	475
	993	+	476 SB96 Engrossed
995	994		Page 18
	995	+	but not be limited to, all of the following information:
	996	+	a. A statement that the motor vehicle shall never be
	997	+	titled again and that it must be dismantled or scrapped.
	998	+	b. A description of the motor vehicle including the
996	999		year, make, model, and vehicle identification number.
997	1000		c. The license plate number and state of issue of any
998	1001		vehicle transporting the motor vehicle being sold.
999	1002		d. The name, address, and driver's driver license
1000	1003		number of the seller.
1001	1004		e. A certification by the seller that the seller is
1002	1005		lawfully in possession of the vehicle and the seller is the
1003	1006		current owner of the vehicle and the seller never obtained a
1004	1007		title to the motor vehicle in his or her name.
1005	1008		f. A certification that the motor vehicle meets all of
1006	1009		the following requirements:
1007	1010		1. Is worth one thousand dollars ($1,000) or less.
1008	1011		2. Is at least 12 model years old.
1009	1012		3. Is not subject to any recorded security interest or
1010	1013		lien.
1011	1014		g. An acknowledgment, made under penalties of perjury,
1012	1015		that the seller realizes this information will be filed with
1013	1016		the department and that it is a Class C felony to knowingly
1014	1017		falsify any information on this statement.
1015	1018		h. The seller's signature and the date of the
1016	1019		transaction.
1017	1020		i. The name and address of the business acquiring the
1018	1021		vehicle.
1019	1022		j. The unique registration number provided by the
1020	1023		Administrator of the National Motor Vehicle Title Information
1021		-	System known as the NMVTIS ID Number.
1022		-	k. A certification by the business, made under
1023		-	penalties of perjury, that one thousand dollars ($1,000) or
1024		-	less was paid to acquire the vehicle.
1025		-	476
1026	1024		477
1027	1025		478
1028	1026		479
1029	1027		480
1030	1028		481
1031	1029		482
1032	1030		483
1033	1031		484
1034	1032		485
1035	1033		486
1036	1034		487
1037	1035		488
1038	1036		489
1039	1037		490
1040	1038		491
1041	1039		492
1042	1040		493
1043	1041		494
1044	1042		495
1045	1043		496
1046	1044		497
1047	1045		498
1048	1046		499
1049	1047		500
1050	1048		501
1051	1049		502
1052		-	503 SB96 Enrolled
	1050	+	503
	1051	+	504 SB96 Engrossed
1053	1052		Page 19
	1053	+	Administrator of the National Motor Vehicle Title Information
	1054	+	System known as the NMVTIS ID Number.
	1055	+	k. A certification by the business, made under
	1056	+	penalties of perjury, that one thousand dollars ($1,000) or
1054	1057		less was paid to acquire the vehicle.
1055	1058		l. The business agent's signature and date along with a
1056	1059		printed name and title if the agent is signing on behalf of a
1057	1060		corporation.
1058	1061		m. The unique tracking number provided by a Department
1059	1062		of Revenue system that indicates that the automotive
1060	1063		dismantler and parts recycler or secondary metals recycler has
1061	1064		utilized that system to verify that the vehicle is not
1062	1065		currently reported as stolen and that there is no recorded
1063	1066		lien or notice of a lien on file or that the department has no
1064	1067		record of the vehicle. A licensed automotive dismantler and
1065	1068		parts recycler or secondary metals recycler shall file the
1066	1069		notice electronically, and the department shall provide the
1067	1070		filer with an electronic notice of receipt. This statement
1068	1071		shall be invalid without this tracking number and without the
1069	1072		purchaser's NMVTIS ID Number.
1070	1073		n. An acknowledgement acknowledgment by the automotive
1071	1074		dismantler and parts recycler or secondary metals recycler
1072	1075		that the motor vehicle will not be crushed or shredded for a
1073	1076		period of 48 hours not including Saturday and Sunday after the
1074	1077		initial filing with the department of the notice required in
1075	1078		this subsection and receipt of such the notice.
1076	1079		(3) The automotive dismantler and parts recycler or
1077	1080		secondary metals recycler shall electronically deliver the
1078	1081		statement required under this subsection to the department
1079		-	within 72 hours of the completion of the transaction,
1080		-	requesting that the department cancel the certificate of title
1081		-	and registration. A transmission of the identical information,
1082		-	in the identical format as prescribed by the Alabama
1083		-	504
1084	1082		505
1085	1083		506
1086	1084		507
1087	1085		508
1088	1086		509
1089	1087		510
1090	1088		511
1091	1089		512
1092	1090		513
1093	1091		514
1094	1092		515
1095	1093		516
1096	1094		517
1097	1095		518
1098	1096		519
1099	1097		520
1100	1098		521
1101	1099		522
1102	1100		523
1103	1101		524
1104	1102		525
1105	1103		526
1106	1104		527
1107	1105		528
1108	1106		529
1109	1107		530
1110		-	531 SB96 Enrolled
	1108	+	531
	1109	+	532 SB96 Engrossed
1111	1110		Page 20
	1111	+	statement required under this subsection to the department
	1112	+	within 72 hours of the completion of the transaction,
	1113	+	requesting that the department cancel the certificate of title
	1114	+	and registration. A transmission of the identical information,
1112	1115		in the identical format as prescribed by the Alabama
1113	1116		Department of Revenue department, shall be sent by the
1114	1117		automotive dismantler and parts recycler or secondary metals
1115	1118		recycler to the sheriff of the county, or the chief of police
1116	1119		if located in a municipality, if requested by the sheriff or
1117	1120		chief of police. The transmittal shall be completed and a
1118	1121		receipt of the notice, generated at the time of the
1119	1122		transmittal, shall be obtained from the department before
1120	1123		dismantling the vehicle or recycling it into metallic scrap
1121	1124		for remelting purposes. In addition, the automotive dismantler
1122	1125		and parts recycler or secondary metals recycler shall maintain
1123	1126		the original signed documents required by this subsection for
1124	1127		a period of not less than five years. An automotive dismantler
1125	1128		and parts recycler or secondary metals recycler who has
1126	1129		complied with the requirements of this section shall be immune
1127	1130		from, and held harmless from, any claims related to liens
1128	1131		which were not recorded or a notice of lien was not recorded,
1129	1132		or stolen vehicles not reported, at the time that the vehicle
1130	1133		was purchased and the inquiry made and documented with the
1131	1134		unique tracking number issued by the department.
1132	1135		(4) Any person individual who knowingly and willfully
1133	1136		violates this subsection, or any person individual who
1134	1137		falsifies the statement required under this subsection, or any
1135	1138		person individual who knowingly and willfully sells a vehicle
1136	1139		upon which there is an unsatisfied lien, shall be guilty of a
1137		-	Class C felony. In addition to any punishment rendered, each
1138		-	person individual convicted shall be subject to the laws
1139		-	regarding restitution.
1140		-	(5) Any motor vehicle used to transport another motor
1141		-	532
1142	1140		533
1143	1141		534
1144	1142		535
1145	1143		536
1146	1144		537
1147	1145		538
1148	1146		539
1149	1147		540
1150	1148		541
1151	1149		542
1152	1150		543
1153	1151		544
1154	1152		545
1155	1153		546
1156	1154		547
1157	1155		548
1158	1156		549
1159	1157		550
1160	1158		551
1161	1159		552
1162	1160		553
1163	1161		554
1164	1162		555
1165	1163		556
1166	1164		557
1167	1165		558
1168		-	559 SB96 Enrolled
	1166	+	559
	1167	+	560 SB96 Engrossed
1169	1168		Page 21
	1169	+	upon which there is an unsatisfied lien, shall be guilty of a
	1170	+	Class C felony. In addition to any punishment rendered, each
	1171	+	person individual convicted shall be subject to the laws
	1172	+	regarding restitution.
1170	1173		(5) Any motor vehicle used to transport another motor
1171	1174		vehicle or crushed motor vehicle illegally sold under this
1172	1175		section may be seized by law enforcement and is subject to
1173	1176		forfeiture ordered by the court; provided, however, that no
1174	1177		motor vehicle used by any person individual in the transaction
1175	1178		of a sale of such motor vehicle shall be subject to forfeiture
1176	1179		unless the owner or other person individual in charge of the
1177	1180		motor vehicle is a consenting or knowing party to the
1178	1181		commission of a crime, and a forfeiture of the motor vehicle
1179	1182		is subject to the rights of any lienholder who holds a
1180	1183		perfected security interest in the motor vehicle so long as
1181	1184		the lienholder had no knowledge of or consented to the act.
1182	1185		Whenever property is forfeited under this subsection by order
1183	1186		of the court, it shall be sold and the proceeds distributed,
1184	1187		pro rata after payment of all property expenses relating to
1185	1188		the forfeiture and sale, including any court ordered
1186	1189		restitution to the owner of the vehicle, satisfaction of any
1187	1190		liens associated with the vehicle sold in violation of this
1188	1191		section, and any losses incurred by the automotive dismantler
1189	1192		and parts recycler or secondary metals recycler to the general
1190	1193		fund of the state or any county or municipality whose
1191	1194		department, office, or agency contributed to the investigation
1192	1195		of the acts resulting in forfeiture, based upon the
1193	1196		contribution, including expenses, of the department, office,
1194	1197		or agency, as determined by the court.
1195		-	(t) The Department of Revenue department shall provide
1196		-	a system for a real-time online verification of motor vehicle
1197		-	titles, liens, and stolen vehicle status that can be accessed
1198		-	by an automotive dismantler and parts recycler or a secondary
1199		-	560
1200	1198		561
1201	1199		562
1202	1200		563
1203	1201		564
1204	1202		565
1205	1203		566
1206	1204		567
1207	1205		568
1208	1206		569
1209	1207		570
1210	1208		571
1211	1209		572
1212	1210		573
1213	1211		574
1214	1212		575
1215	1213		576
1216	1214		577
1217	1215		578
1218	1216		579
1219	1217		580
1220	1218		581
1221	1219		582
1222	1220		583
1223	1221		584
1224	1222		585
1225	1223		586
1226		-	587 SB96 Enrolled
	1224	+	587
	1225	+	588 SB96 Engrossed
1227	1226		Page 22
	1227	+	or agency, as determined by the court.
	1228	+	(t) The Department of Revenue department shall provide
	1229	+	a system for a real-time online verification of motor vehicle
	1230	+	titles, liens, and stolen vehicle status that can be accessed
1228	1231		by an automotive dismantler and parts recycler or a secondary
1229	1232		metals recycler. The system shall be capable of transmitting
1230	1233		the information from the statement required pursuant to
1231	1234		subsection (s) either online or by bulk electronic
1232	1235		transmission and shall provide a unique tracking number on a
1233	1236		receipt at the time of the submission that indicates that the
1234	1237		automotive dismantler and parts recycler or a secondary metals
1235	1238		recycler has used the system and that at the time of the
1236	1239		inquiry, the vehicle was not reported as stolen and that there
1237	1240		were no recorded liens or notices of liens on file associated
1238	1241		with the vehicle, or that the department has no record of the
1239	1242		vehicle. The charge assessed for the transmittal of the
1240	1243		statement required by subsection (s) to the automotive
1241	1244		dismantler and parts recycler or secondary metals recycler
1242	1245		shall be five dollars ($5) per submittal. In lieu of a per
1243	1246		submittal charge, an automotive dismantler and parts recycler
1244	1247		or a secondary metals recycler may pay an annual fee of five
1245	1248		hundred dollars ($500) for all submittals and inquiries made
1246	1249		during that fiscal year. The fee shall be paid on a fiscal
1247	1250		year basis, beginning October 1 of each fiscal year. Every
1248	1251		automotive dismantler and parts recycler, secondary metals
1249	1252		recycler, or person individual or company licensed pursuant to
1250	1253		Section 40-12-116, shall pay the annual fee for each location
1251	1254		or license. Any fees collected under this section shall be
1252	1255		retained by the department for use solely by the Motor Vehicle
1253		-	Division of the department for training and technological and
1254		-	processing improvements."
1255		-	Section 2. This act shall become effective on October
1256		-	1, 2025.
1257		-	588
1258	1256		589
1259	1257		590
1260	1258		591
1261	1259		592
1262	1260		593
1263	1261		594
1264	1262		595
1265	1263		596
1266	1264		597
1267	1265		598
1268	1266		599
1269	1267		600
1270	1268		601
1271	1269		602
1272	1270		603
1273	1271		604
1274	1272		605
1275	1273		606
1276	1274		607
1277	1275		608
1278	1276		609
1279	1277		610
1280	1278		611
1281	1279		612
1282	1280		613
1283	1281		614
1284		-	615 SB96 Enrolled
	1282	+	615
	1283	+	616 SB96 Engrossed
1285	1284		Page 23
	1285	+	retained by the department for use solely by the Motor Vehicle
	1286	+	Division of the department for training and technological and
	1287	+	processing improvements."
	1288	+	Section 2. This act shall become effective on October
1286	1289		1, 2025.
1287		-	________________________________________________
1288		-	President and Presiding Officer of the Senate
1289		-	________________________________________________
1290		-	Speaker of the House of Representatives
1291		-	SB96
1292		-	Senate 04-Mar-25
1293		-	I hereby certify that the within Act originated in and passed
1294		-	the Senate, as amended.
1295		-	Patrick Harris,
1296		-	Secretary.
1297		-	House of Representatives
1298		-	Passed: 01-Apr-25
1299		-	By: Senator Carnley
1300		-	616
1301	1290		617
1302	1291		618
1303	1292		619
1304		-	620
	1293	+	620 SB96 Engrossed
	1294	+	Page 24
	1295	+	1, 2025.
	1296	+	Senate
	1297	+	Read for the first time and referred
	1298	+	to the Senate committee on Banking
	1299	+	and Insurance
	1300	+	................05-Feb-25
	1301	+	Read for the second time and placed
	1302	+	on the calendar:
	1303	+	1 amendment
	1304	+	................20-Feb-25
	1305	+	Read for the third time and passed
	1306	+	as amended
	1307	+	Yeas 31
	1308	+	Nays 0
	1309	+	Abstains 0
	1310	+	................04-Mar-25
	1311	+	Patrick Harris,
	1312	+	Secretary.
1305	1313		621
1306	1314		622
1307	1315		623
1308	1316		624
1309	1317		625
1310	1318		626
1311	1319		627
1312	1320		628
1313	1321		629
1314	1322		630
1315	1323		631
1316	1324		632
1317	1325		633
1318	1326		634
1319	1327		635
1320	1328		636
1321	1329		637
1322	1330		638
1323	1331		639
1324	1332		640
1325	1333		641
1326		-	642
1327		-	643
1328		-	644
1329		-	645
1330		-	646
1331		-	647
1332		-	648