HB17

ENROLLED, An Act,

Relating to distinctive motor vehicle plates or tags; to amend Sections 32-6-64, 32-6-64.1, 32-6-250, 32-6-251, 32-6-271, 32-6-280, 32-6-300, 32-6-301, 32-6-630, 32-8-30, 32-8-34, 32-8-35, 32-8-39, 40-12-244, and 40-12-414, Code of Alabama 1975; to provide for various distinctive motor vehicle license plates, provide a fee and distribution of the fee for the various plates; to authorize the issuance of motorcycle license plates for all distinctive license plate categories and provide that the same registration fee and any ad valorem tax exemption or reduction applies; to allow all distinctive license plates to be personalized, except for certain distinctive plates, and provide for an annual additional fee; to provide for an additional fee for the issuance of any distinctive license plate and any personalized license plate to be paid only in the year the plate is issued and provide for distribution of the fee; and to standardize the surety bond amount for all designated agents of the Department of Revenue for the issuance of certificates of title.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 32-6-64, 32-6-64.1, 32-6-250, 32-6-251, 32-6-271, 32-6-280, 32-6-300, 32-6-301, 32-6-630, and 40-12-244, Code of Alabama 1975, are amended to read as follows:

§32-6-64.

"(a)(1) The design of license plates, including all emblems, slogans, symbols, or characters appearing on the plates, shall be by rule as promulgated by the Commissioner of Revenue, and as otherwise specified by law. The face of the license plate to be displayed shall be fully treated with a reflective material which will increase the nighttime visibility and legibility of the plate.

"(2) Characters on the license plate which designate the county of issuance shall be numeric, and all numerals on the license plates shall be no smaller than two and three-fourths inches in height. The following numbering scheme shall be used:

"a. Jefferson County, 1; Mobile County, 2; Montgomery County, 3.

"b. All other counties shall be ranked alphabetically and assigned consecutive numbers beginning with 4 and concluding with 67.

"c. The Department of Revenue shall be responsible for the numbering of distinctive license plates and shall establish a system to minimize duplication of license plate numbers. License plates that shall be approved for manufacture under subsection (b) shall be numbered or personalized.

"(b) The sponsoring organization of any new or reissued distinctive license plate that is not of a college or university or a military category shall assure a minimum quantity of 250 registrations in order for the proposed plate to qualify for production consideration by the legislative oversight committee under the provisions of Section 32-6-67.

"(1) The procedure to assure the quantity minimum for a distinctive license plate shall be as follows:

"a. The sponsoring organization shall apply to the Department of Revenue for approval for the proposed distinctive license plate from the legislative oversight committee. A sponsoring organization that desires to submit an application both for a passenger car and a motorcycle license plate category shall submit an application for each category. At the time of application, the sponsoring organization shall submit a design for the plate or logo for the quantity class being applied for as described below:

"1. Quantity Class 1 (250 to 999 registrations). A new distinctive license plate category, or an existing distinctive license plate to be reissued, in which registrations are estimated to be at least 250, but less than 1,000, shall be in conformity with the design approved by the legislative oversight committee for license plates in this quantity class. This plate shall include a space designated on the left side of the license plate, not exceeding two and one-half inches in width and height, in which an appropriate emblem, slogan, or logo design may be applied to represent the organization for whom the distinctive license plate is issued. The distinctive license plate may contain, either at the top or bottom of the license plate, opposite the state name, the name of the distinctive license plate category or group. Each proposed emblem, slogan, symbol, or logo shall be subject to the approval of the legislative oversight committee.

"2. Quantity Class 2 (1,000 or greater registrations). This quantity class may use the logo system described for Quantity Class 1, or may use a unique design for the entire plate which is approved by the legislative oversight committee and meets all other design and manufacture requirements of Alabama law. All requests for the creation of motorcycle license plate categories shall be submitted for Quantity Class 2 only. If a sponsoring organization is applying for both passenger car license plate and motorcycle license plate categories, commitments of 1,000 or more plates shall be obtained for each category before the category is created. Commitments to purchase for each license plate category shall not be combined in order to reach the required threshold. Passenger and motorcycle license plate categories shall be of the same design.

"b. After the legislative oversight committee approval and notification to the Department of Revenue, the department shall also coordinate with the Comptroller to establish funding procedures for deposit and maintaining monies held pending issuance of the new category of license plates.

"c. Each person desiring to register a vehicle in the new category shall make application and shall remit, as a commitment to purchase, the additional fee associated with the license plate category in a manner as prescribed by rule of the Commissioner of Revenue. Any credit card processing fee associated with the transaction shall be paid by the person making the commitment to purchase the distinctive license plate and shall be nonrefundable.

"d. The Department of Revenue shall deduct from the additional fee and retain a two and one-half percent commission. The balance shall be forwarded to the Comptroller to be retained in escrow, until such time as the revenue received is equal to or greater than the minimum amount required to issue license plates in that category. If, after one year from the date of notification of approval by the legislative oversight committee, the number of subscribers for a category fails to reach 250 for Quantity Class 1, or fails to reach 1,000 for Quantity Class 2, the Comptroller shall pay the money in escrow to the sponsoring organization and no further consideration for production of this proposed distinctive plate shall be made under this application. In addition, the sponsoring organization may not submit another application for a distinctive license plate for a period of one year from the date the commitment to purchase period ended.

"e. Upon determination by the Department of Revenue that a sufficient number of applications for a plate category has been received, the department shall initiate the ordering processes for design and manufacture of the approved license plate. At that time, the Comptroller shall pay out of the escrow account the amounts referred to in Section 32-6-68.

"(2) Notwithstanding any other provisions to the contrary, except where specifically provided by subsection (b), no series of distinctive license plates shall be reissued unless the following requirements are met:

"a. For Quantity Class 1 distinctive license plates, there shall have been issued in the prior license year a minimum of 250 license plates.

"b. For Quantity Class 2 distinctive license plates, there shall have been issued in the prior license year a minimum of 1,000 license plates.

"(3) The use of distinctive license plate categories shall be limited to use on passenger cars, pick-up trucks, and self-propelled campers or house cars. , and motorcycles. Notwithstanding the foregoing, a sponsoring organization desiring to establish a license plate category for motorcycles may do so only if the requisite number of commitments to purchase for Quantity Class 2 is obtained for motorcycle license plates.

"(c)(1) The Department of Corrections is directed to supply all license plates and revalidation devices required under this subdivision. The amounts charged by the Department of Corrections for the manufacture of revalidation devices shall not be less than that charged for the manufacture of license plates on a per item basis.

"(2) The Department of Corrections shall maintain an accurate system of record-keeping which shall trace and account for the handling and distribution of each plate and revalidation device throughout the manufacturing process until the items are distributed to each county.

"(d) After the five-year license plate has been in use for a period of three years the Department of Corrections shall may manufacture all subsequent license plates for the remaining two years of the period from a metal of less durability and quality than the metal used in manufacturing the five-year license plates.

"(e) The amendatory language in this section shall not become operative as to license plate applications until January 1, 2014, or as otherwise provided by rule of the department.

§32-6-64.1.

"(a) Notwithstanding any other provision of this title, the Department of Revenue may contract with a third party to manufacture and distribute license plates and validation decals.

"(b) The amount distributed prior to April 8, 2014, to the Department of Corrections relating to license plates and decals for each fiscal year shall not be reduced except by the amount of the cost of material, production, and distribution of license plates which would have been incurred if the plates were produced by the Department of Corrections. Any amounts distributed to the Department of Corrections pursuant to this subsection are continuously appropriated to the Department of Corrections for the operation of the Department of Corrections.

"(c) The distribution of a license plate or validation decal pursuant to this section shall not affect the issuance fee of the judge of probate or other license plate issuance official.

"(d) In addition to any other fees provided for by law, an additional fee of five dollars ($5) is added to the cost of any distinctive license plate, whether prenumbered or personalized, in the year the license plate is issued. The net proceeds of the additional revenues derived from the fee authorized by this section are appropriated and shall be distributed to the Department of Revenue to offset the cost of manufacturing and administering motor vehicle registration credentials as required under Chapter 6 of Title 32 and Chapter 12 of Title 40, Code of Alabama 1975. The appropriation as provided in this section shall be in addition to any other appropriation made by the Legislature.

"(e) The Department of Revenue may promulgate rules necessary to administer this section.

§32-6-250.

"(a) A distinctive permanent license plate shall be issued to any resident of the state who is a recipient of the Medal of Honor or the widow of a recipient of the Medal of Honor, to any resident who is a recipient of the Purple Heart Medal, to any resident who is a member of the Legion of Valor with positive proof of membership and the award of the Medal of Honor, the Purple Heart, the Army Distinguished Service Cross, the Navy Cross, or the Air Force Cross, to any resident who is a recipient of the Bronze Star as evidenced on the form DD214, or to any resident who shows by satisfactory proof that he or she was a duly recognized former prisoner of war, for use on a private motor vehicle registered in the name of the resident. There shall be no fee or tax for the license plate, except Purple Heart Medal recipients shall pay ad valorem taxes on vehicles for which the distinctive plates are issued, Bronze Star recipients shall pay the regular registration fee and ad valorem taxes and an annual additional fee of twenty-five dollars ($25), and no recipient shall receive a plate for more than one vehicle except as provided in subsection (c).

"(b) A former prisoner of war for purposes of this section is a person who, as a member of the United States Armed Forces, or while serving with a formal United States ally force, or as a United States civilian, was held as a prisoner of war during any armed conflict by forces hostile to the United States.

"(c) A person eligible to be issued a distinctive license plate under this section may be issued additional distinctive license plates, under any of the above license plate categories, if the person otherwise qualifies to receive the distinctive license plate, upon payment of all license tax and registration fees, including ad valorem taxes, for the vehicles and an annual additional fee of twenty-five dollars ($25) for the Bronze Star distinctive license plate. Annual renewal decals shall be provided after payment, if required, of license fees and taxes for the years during which a new tag or plate is not issued as provided in Section 32-6-63.

§32-6-251.

"The special plates shall be of the same size as regular motor vehicle license plates, distinguished by the letters MOH, or LOV, Bronze Star, or PHM to be of a different color scheme and design to any other vehicle tag plate in this state, or POW to be of the same color scheme as other distinguished military tags plates in this state, whichever distinctive design applies, the nature of which shall be prescribed by a committee to be appointed by the chief legislative sponsors of this division. The net proceeds of the additional revenues from the sales of the Bronze Star distinctive military plate, less the administrative costs including the costs of production incurred by the Department of Revenue in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. The state Comptroller shall distribute the proceeds into the Alabama Veterans' Assistance Fund in the State Treasury.

§32-6-271.

"(a) A firefighter may, upon application and subject to the provisions of this division be issued a distinctive motor vehicle license plate or tag as identification as a firefighter. In addition to the proper numbers, words, and insignias used on the standard license plate or tag issued for motor vehicles, the distinctive plates or tags so issued firefighters shall bear a red Maltese cross emblem on each side to the left and right of the regular tag numbers. The words "Fire Fighter" should be centered at the bottom of the tag license plate.

"(b) In addition to any other fees provided for by law, an annual additional fee of twenty-five cents ($.25) is added to the cost of the firefighter distinctive license plate provided for in this division. The annual additional fee collected pursuant to this section shall be distributed by each licensing official to the state Comptroller. The state Comptroller shall distribute the net proceeds monthly into a fund managed by the Alabama Joint Fire Council and shall be used for the purpose of expanding and maintaining the Alabama Firefighter Memorial located in Tuscaloosa.

§32-6-280.

"(a) As used in this section, retired the following terms shall have the following meanings:

"(1) Professional firefighter means a paid member of a paid or part-paid fire department of a city, town, county, or other subdivision of the state, including the chief, assistant chief, warden, engineer, captain, firemen, and all other officers and employees of the department who actually engage in fire fighting or rendering first aid at the scene of an accident.

"(2) Retired professional firefighter means a retired member of a paid or part-paid fire department of a city, town, county, or other subdivision of the state, including the chief, assistant chief, warden, engineer, captain, firemen, and all other officers and employees of the department who actually engaged in fire fighting or rendering first aid at the scene of an accident. Notwithstanding any other provision of this division, retired professional firefighter includes a retired professional firefighter who is a resident of this state and who has retired from a professional fire department in another state and otherwise meets the requirements of this section.

"(b)(1) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, a retired professional firefighter, upon application and subject to the provisions of this section, may be issued a distinctive motor vehicle license plate or tag as identification as a retired professional firefighter, and a professional firefighter, upon application and subject to the provisions of this section, may be issued a distinctive motor vehicle license plate as identification as a professional firefighter.

"(2) In addition to the proper numbers, words, and insignias used on the standard license plate or tag issued for motor vehicles, the distinctive plates or tags so issued for a retired professional firefighter shall have a design created by the state association of professional firefighters in coordination with the Mobile Retired Firefighters and Paramedics Association and the Tuscaloosa Retired Firefighters Association, and the distinctive license plate so issued for a professional firefighter shall have a design created by the state association of professional firefighters.

"(c)(1) The distinctive license plate plates provided herein shall be approved by the Commissioner of Revenue and shall be issued through the judge of probate, license commissioner, or other license issuing official of the several counties of the state in the same manner as are other motor vehicle license plates or tags and the officers shall be entitled to their regular fees for the service.

"(2) By December 1 of each year, the Firefighters' Personnel Standards and Education Commission shall submit to the judge of probate, the license commissioner, or other license issuing official of each county a list of eligible retired professional firefighters retired from paid or part-paid fire departments under this section. The Firefighters' Personnel Standards and Education Commission shall also add to the list any retired professional firefighter retired from a paid or part-paid fire department in another state who submits proof to the commission of eligibility pursuant to this division. The Firefighters' Personnel Standards and Education Commission shall also submit to the judge of probate, the license commissioner, or other license issuing official of each county a list of eligible professional firefighters from paid or part-paid fire departments.

"(3) Any person who joins a paid or part-paid fire department after December 1 of any year or any person who is omitted from the list prepared as described above may obtain a distinctive license plate by presenting to the license issuing official proof of his or her membership in a paid or part-paid fire department by means of a certificate signed by the chief of the department on a form prescribed by the Firefighters' Personnel Standards and Education Commission.

"(3) (4) Upon the initial application for a retired professional firefighter distinctive license plate under this section, an applicant for a distinctive plate provided herein shall present to the judge of probate, the license commissioner, or other license issuing official of the county, proof of his or her retirement from a fire department that is included on the list provided by the Firefighters' Personnel Standards and Education Commission. Proof of the person's retirement from a fire department included on the list from the Firefighters' Personnel Standards and Education Commission is not required for renewal of the distinctive plate.

"(5) Upon the applicant submitting proof of his or her identification, the professional firefighter shall be issued the requested number of distinctive license plates upon the payment of the regular fee for license plates, as provided by law, but shall not be required to pay the three dollar ($3) fee.

"(4) (6) Upon the applicant submitting proof of his or her identification, the retired professional firefighter shall be issued the requested number of distinctive license plates or tags upon the payment of the regular license fee for tags plates, as provided by law, but shall not be required to pay the three dollar ($3) fee.

"(5) (7) The distinctive license plates or tags so issued shall be used only upon and for personally owned, private, passenger vehicles, to include station wagons and pick-up trucks, registered in the name of the retired professional firefighter or professional firefighter making application therefor, and when so issued to the applicant shall be used upon the vehicle for which issued in lieu of the standard license plates or license tags normally issued for the vehicle.

"(8) In addition to any other fees provided for by law, an annual additional fee of twenty-five cents ($.25) is added to the cost of the retired professional firefighter and the professional firefighter distinctive license plates provided for in this division. The annual additional fee collected pursuant to this section shall be deposited into a fund managed by the Alabama Joint Fire Council and shall be used for the purpose of expanding and maintaining the Alabama Firefighter Memorial located in Tuscaloosa.

"(6) (9) Anyone who is proven to have either falsely obtained or certified an individual to obtain a distinctive retired professional firefighter license plate or a distinctive professional firefighter license plate shall be guilty of a Class C misdemeanor, and upon conviction, shall be punished according to law.

"(d) Distinctive plates or tags Retired professional firefighters distinctive license plates as provided by this section shall be prepared and furnished for the licensing year commencing January 1, 2012, and thereafter as is provided by law for the issuance of other license plates. Professional firefighters distinctive license plates as provided by this section shall be prepared and furnished for the licensing year commencing January 1, 2016, and thereafter as is provided by law for the issuance of other license plates.

"(e) The Department of Revenue may promulgate any rules necessary to administer this section.

§32-6-300.

"(a) Owners of all motor vehicles who are residents of Alabama, upon application to the judge of probate or commissioner of licenses, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles and payment of the regular license fee for tags or plates as provided by law for the motor vehicle, and the payment of an additional annual fee of fifteen dollars ($15) twenty dollars ($20), shall be issued license tags or plates which shall bear the words "Helping Schools."

"(b) The tags plates shall be issued, printed, and processed in the same manner as other personalized tags plates are in this chapter. The tags plates shall be valid for five years and shall be replaced at the end of the period with either conventional tags plates or other personalized tags plates, or with new "Helping Schools" tags plates. Payment of the required motor vehicle license fees and taxes for the years during which a new vehicle license plate is not issued shall be evidenced as provided for in Section 32-6-63. The State Department of Revenue shall design, or have designed, the "Helping Schools" tags plates in compliance with all laws and regulations.

§32-6-301.

"The net proceeds of the fifteen dollars ($15) twenty dollars ($20) additional revenues derived from sales of "Helping Schools" tags plates as provided for in this division, less administrative costs including the cost of production incurred by the Department of Revenue in producing the tags plates, shall be distributed by the judge of probate or license commissioner to, as nearly as practicable, the school district designated by the purchaser or if the purchaser does not make a designation to the school district in which the funds were generated to be used for the purchase of classroom supplies and equipment in grades K through 12 of the public schools of the school district.

§32-6-630.

"(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, a distinctive license plate category shall be established entitled "Alabama Gold Star Family." The distinctive plates shall be issued, printed, and processed in the same manner as other distinctive plates provided for in this chapter.

"(b) Any member of the immediate family of a person who died while on active duty of any branch of the United States military may apply to the judge of probate or other county license plate issuing official, present documentation pursuant to subsection (c), pay the required motor vehicle license fees and taxes as provided by law for license plates for private passenger, pickup trucks, or pleasure motor vehicles, and pay an additional fee of three dollars ($3) for the initial issuance of the plate and be issued the "Alabama Gold Star Family" distinctive license plate. Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided for in Section 32-6-63. and upon presentation of documentation pursuant to subsection (d), may receive one distinctive license plate for display on a private passenger automobile or pickup truck, and shall be exempt from the payment of the motor vehicle registration fee, ad valorem tax and any additional fees. Additional distinctive license plates may be purchased upon payment of regular required motor vehicle fees and taxes and an additional fee of three dollars ($3) for the initial issuance of the distinctive license plate.

"(c) Payment of required license fees and ad valorem taxes for the years during which a new license plate is not issued shall be evidenced as provided for in Section 32-6-63.

"(c) (d) The following documents shall be presented to the judge of probate or other county license plate issuing official to receive the "Alabama Gold Star Family" distinctive license plate:

"(1) DD Form 2064 - Overseas Death Certificate or prior era Department of Defense death certificate; or

"(2) DD Form 1300 - Report of Casualty.

"(3) In the event that the applicant is not identified as the next of kin on one of the documents listed in subsection (c) subdivisions (1) and (2), the applicant must also submit a notarized affidavit obtained from the Alabama Gold Star Family Organization Department of Veterans' Affairs, certifying applicant's relationship to the deceased service member.

"(d) (e) The "Alabama Gold Star Family" distinctive license plate shall be designed by the Alabama Gold Star Family Organization Department of Veterans' Affairs and approved by the Department of Revenue.

"(e) (f) As used in this section, the phrase member of the immediate family shall mean all of the following:

"(1) A spouse.

"(2) A parent, adoptive parent, or stepparent.

"(3) A foster parent in loco parentis.

"(4) A sibling, to include whole or half-blood, or by adoption.

"(5) A child, including those by adoption, or a stepchild.

"(6) Grandparent or other legal guardian.

"(7) Any other immediate family members designated as next of kin by the Department of Defense.

"(f) (g) The Department of Revenue may promulgate any rules necessary to administer the provisions of this section.

§40-12-244.

"There shall be exempt from the operation of the privilege or license tax and registration fee now or hereinafter to be levied on automobiles and motor vehicles by the State of Alabama one passenger vehicle owned by any of the following:

"(1)a. An active member of the Alabama National Guard or the Alabama State Guard, when organized in lieu of the National Guard or for any service-connected disabled veteran. The exemption for only one vehicle extends only to distinctive National Guard or service-connected disabled veterans' license tags plates and shall be claimed upon presentation of proper identification on forms prescribed by the Adjutant General. Active members of the National Guard may obtain additional distinctive license tags plates for other passenger vehicles which they own by paying the regular privilege or license tax provided by law.

"b. A retired member of the Alabama National Guard with 20 years or more service. The exemption for only one vehicle extends only to distinctive National Guard license tags plates and shall be claimed upon presentation of proper identification on forms prescribed by the Adjutant General. Retired members of the Alabama National Guard may obtain additional distinctive license tags plates for passenger vehicles which they own upon presentation and proper identification on forms prescribed by the Adjutant General and by paying the regular privilege or license tax and registration fee as provided by law.

"(2) An officer, warrant officer, or enlisted person serving as an active member of any United States armed forces reserve organization or any service-connected disabled veterans who were residents of Alabama at the time of entering the service and who are still residents of Alabama at the time the exemption is claimed. The exemption shall be claimed by presentation of proper identification and proof of residence requirements on forms prescribed by the state Department of Revenue.

"(3) A member of a volunteer rescue squad.

"(4) The Civil Air Patrol; including those vehicles owned by the national headquarters and those owned by the Alabama wing of the Civil Air Patrol.

"(5) A volunteer firefighter who is a resident of Alabama and who is entitled to the distinctive firefighter tag plate issued pursuant to Section 32-6-272. The exemption for one vehicle extends only to the firefighter distinctive license plate.

"(6) A recipient of the "Alabama Gold Star Family" distinctive plate, with respect to the registration fee, ad valorem tax, and any additional fees."Section 2. Sections 32-8-30, 32-8-34, 32-8-35, 32-8-39, and 40-12-414, Code of Alabama 1975, are amended to read as follows:

§32-8-30.

"(a) Except as provided in Section 32-8-31, every owner of a motor vehicle designated a 1975 year model, and all models subsequent thereto which is in this state and which is required to be registered under the motor vehicle laws of this state and for which no certificate of title has been issued by the department, shall make application to a designated agent as herein defined for a certificate of title to the vehicle.

"(b) Except as provided in Section 32-8-31, every owner of a travel trailer designated a 1990 year model, and all models subsequent thereto which is in this state and which is required to be registered under the motor vehicle laws of this state and for which no certificate of title has been issued by the department, shall make application to a designated agent as herein defined for a certificate of title to the travel trailer. In the event that the owner's legal name, as recorded on the current certificate of title, has changed, the owner shall make application for a corrected certificate of title to record the current legal name of the owner. The application for certificate of title shall be made prior to the renewal of the registration for the motor vehicle.

"(c) Any dealer, acting for himself or another, who sells, trades or otherwise transfers any vehicle required to be titled under this chapter who does not comply with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be fined in a sum not exceeding $500.00.

§32-8-34.

"(a) Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license tags plates shall by virtue of his or her office be a designated agent of the department. Judges of probate, commissioners of licenses, directors of revenue, or other county licensing officials may perform their duties under this chapter either personally or through any of their deputies.

"(b) Every dealer, as defined in this chapter or Chapter 20 of this title, shall be a designated agent of the department. The dealers may perform their duties under this chapter either personally or through any of their officers or employees; provided, that the dealer or persons shall enter into a bond with a corporate surety authorized to do business in this state as surety thereon, payable to the State of Alabama in a sum to be determined by the department, but in no event less than ten thousand dollars ($10,000) as provided in Section 40-12-398, conditioned on the faithful performance of their duties under this chapter.

"(c) The department may appoint other persons in this state as its designated agents. An appointee shall enter into a bond as provided in subsection (b). Full-time bonded employees of the Department of Revenue may serve as designated agents without additional bond. A qualified designated agent of the department located outside of this state may continue as a designated agent of the department as long as he or she complies with the requirements of this chapter.

§32-8-35.

"(a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to a designated agent, on the form the department prescribes, and shall contain all of the following:

"(1) The current legal name, current residence, and current mailing address of the owner.

"(2) A description of the vehicle including the following data: Year, make, model, vehicle identification number, type of body, the number of cylinders, color, and whether new or used.

"(3) The date of purchase by applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements.

"(4) Other information that the department may require.

"(b) If the application is for a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of the security agreement and shall be signed by the designated agent as well as the owner, and the designated agent shall forward the application to the department in a manner prescribed by the department.

"(c) If the application is for a new vehicle, it shall be accompanied by the certified manufacturer's statement of origin showing proper assignments to the applicant. The manufacturer upon the shipment of a motor vehicle into this state shall forthwith furnish the dealer with a certified statement of origin.

"(d) Each application shall contain or be accompanied by the certificate of a designated agent that the vehicle has been physically inspected by the agent, that the vehicle identification number and descriptive data shown on the application, pursuant to the requirements of subsection (a)(2), are correct, and that the agent identified the person signing the application and witnessed the signature.

"(e) If the application is for a first certificate of title on a vehicle other than a new vehicle, then the application shall conform with the requirements of this section; except, that in lieu of the manufacturer's statement of origin, the application shall be accompanied by a copy of the notarized bill of sale of the motor vehicle whereby the applicant claims title or in lieu thereof certified copies of the last two years' license tags plates and tax receipts and any other information the department may reasonably require to identify the vehicle and to enable the department to determine the ownership of the vehicle and the existence or nonexistence of security interests in it.

"(f) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by the following:

"(1) Any certificate of title issued by the other state or country.

"(2) Any other information and documents as the department may reasonably require to establish the ownership of the vehicle and the existence or nonexistence of security interests in it.

"(3) The certificate of a designated agent that the vehicle has been physically inspected by him or her, that the vehicle identification number and descriptive data shown on the application pursuant to subsection (a)(2) are correct, and any other proof of the identity of the vehicle as the department may reasonably require.

"(g) Every designated agent, within 10 calendar days after an application is received by him or her, shall forward to the department, in a manner as prescribed by the department, the fee as provided in Section 32-8-6, and the application, along with any other evidence of title as may have been delivered to the designated agent by the applicant.

§32-8-39.

"(a) Each certificate of title issued by the department shall contain:

"(1) The date issued;

"(2) The current legal name and current address of the owner;

"(3) The names and addresses of any lienholders in the order of priority as shown on the application, or if the application is based on a certificate of title, as shown on the certificate;

"(4) The title number;

"(5) A description of the vehicle including the following data: year, make, model, vehicle identification number, type of body, number of cylinders, whether new or used and if a new vehicle the date of the first sale of the vehicle for use; and

"(6) Any other data the department prescribes.

"(b) Unless security is furnished as provided in Section 32-8-36, a distinctive certificate of title shall be issued for a vehicle last previously registered in another state or country, the laws of which do not require that lienholders be named on a certificate of title to perfect their security interests. The certificate shall contain the legend, "This vehicle may be subject to an undisclosed lien" and may contain any other information the department prescribes. If no notice of a security interest in the vehicle is received by the department within four months from the issuance of the distinctive certificate of title, the department shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form.

"(c) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, the naming of a lienholder and the assignment or release of the security interest by a lienholder.

"(d) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.

"(e) A certificate of title to a vehicle is not subject to garnishment, attachment, execution or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle.

§40-12-414.

"Every (a) Except as provided in subsection (b), every person, firm, or corporation, before being licensed under this article, must show proof of responsibility by depositing with the Commissioner of Revenue cash in the amount of $10,000 or a continuing bond in the amount of $10,000 prescribed in Section 40-12-398 with surety thereon of a company authorized to do business in the State of Alabama, which bond shall be approved by the Commissioner of Revenue, payable to the State of Alabama, and shall be conditioned upon the faithful observance of all the provisions of this article and shall also indemnify any person who suffers any loss by reason of a failure to observe the provisions of this article.

"(b) The department, by rule, may permit a surety bond obtained pursuant to Section 40-12-398, to serve in lieu of the surety bond prescribed in subsection (a)."

Section 3. (a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68 of the Code of Alabama 1975, upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall upon request be issued a personalized "In Memory" license plate honoring deceased family members.

(b) These plates shall be valid for five years and may then be replaced with a personalized license plate.

(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63 of the Code of Alabama 1975.

(d) The plates shall be issued, printed, and processed like other personalized plates provided for by law and shall be furnished for the licensing year commencing January 1, 2016.

(e) The State Revenue Department shall prescribe for identification purposes any number or symbol necessary to the language requested by a person for an "In Memory" license plate issued.

(f) The additional revenues derived from the sales of the distinctive motor vehicle license plates shall be distributed monthly to the State General Fund.

Section 4. (a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68 of the Code of Alabama 1975, upon application to the judge of probate, license commissioner, or other issuing official, compliance with motor vehicle registration and licensing laws, and payment of regular fees required by law for license plates, owners of private passenger or pleasure motor vehicles who are residents of Alabama shall be issued distinctive "Alabama Bicentennial" license plates.

(b) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63, Code of Alabama 1975.

(c) The "Alabama Bicentennial" license plate shall be designed by the Department of Revenue, subject to approval by the Legislative Oversight Committee created pursuant to Section 32-6-67, Code of Alabama 1975.

(d) The plates shall be issued, printed, and processed like other distinctive plates provided in Chapter 6, Title 32, Code of Alabama 1975, furnished for the licensing years commencing January 1, 2016, and ending December 31, 2020. The plates may not be renewed after December 31, 2020.

(e) The Department of Revenue may promulgate rules necessary to administer this section.

Section 5. (a) Residents of Alabama who qualify to obtain a distinctive license plate pursuant to Chapter 6, Title 32, Code of Alabama 1975, may be issued a distinctive motorcycle license plate in the license plate category for which they qualify. The standard motorcycle registration fee shall apply to all motorcycle license plates, provided where a registration fee or ad valorem tax exemption or reduction is available for private passenger automobile, pickup truck, and pleasure motor vehicle license plates in a distinctive license plate category, the same exemption or reduction will apply to motorcycle license plates in the same distinctive license plate category. Any annual additional fee that applies to the license plate category for which a resident qualifies shall also apply to the same category of motorcycle license plate.

(b) Payment of required license fees and taxes for the years during which a new tag or plate is not issued shall be evidenced as provided in Section 32-6-63, Code of Alabama 1975.

(c) The design for the distinctive motorcycle plates shall be the same design as plates for private passenger automobiles, pickup trucks, and pleasure motor vehicles in each distinctive license plate category.

(d) The provisions of this section shall not apply to Amateur Radio Operator plates provided for in Sections 32-6-70 and 32-6-90, Code of Alabama 1975.

(e) The Department of Revenue may promulgate rules necessary to administer this section.

Section 6. (a) Any distinctive license plate issued under Chapter 6, Title 32, Code of Alabama 1975, may be personalized with the exception of the following:

(1) Firefighter, professional firefighter, or retired professional firefighter plates.

(2) Rescue squad plates.

(3) Veterans plates, unless otherwise authorized by law.

(4) Military plates, unless otherwise authorized by law.

(5) Special access or disability access plates.

(6) Twenty day temporary tags.

(7) Alabama State Defense Force plates.

(8) Amateur Radio Operator plates issued pursuant to Sections 32-6-70 and 32-6-90, Code of Alabama 1975.

(9) Alabama apportioned plates.

(b) Notwithstanding any other provision of law, an additional annual fee of fifty dollars ($50) shall be assessed for any personalized or distinctive license plate issued under Chapter 6, Title 32, Code of Alabama 1975, except for a Helping Schools plate which shall be subject to the fee required pursuant to Section 32-6-300, Code of Alabama 1975, a Retired Educators plate, which shall be subject to the fee required pursuant to Section 32-6-302, Code of Alabama 1975, or any plate or tag category listed in subsection (a), unless the license plate is personalized. Proceeds from the additional revenues generated herein shall be distributed in the same manner as provided for each distinctive license plate category.

(c) The Department of Revenue may promulgate rules necessary to administer this section.

Section 7. All laws or parts of laws which conflict with this act are repealed.

Section 8. Section 2 of this act shall become effective on October 1, 2015, and Sections 1 and 3 to 6, inclusive shall become effective on January 1 2016.

Motor Vehicles

Distinctive License Plates

Veterans

Revenue Department

Veterans' Assistance Fund