SB346

ENGROSSED

By Senators Singleton and Smitherman

A BILL TO BE ENTITLED AN ACT

Relating to the advertisement for the purchase of a salvage or junk branded motor vehicle; to require the license number be displayed; to provide criminal penalties; to provide exemptions; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) A person, as defined in Section 32-8-2 of the Code of Alabama 1975, who advertises in a newspaper, on a website, on a public display or sign, or through an online service, for the purchase of a salvage or junk branded motor vehicle shall clearly and conspicuously disclose on the advertisement his or her true and correct company name, physical address, telephone number, and current license number issued under Article 8 or Article 9, Chapter 12, Title 40, or Chapter 8, Title 13A, Code of Alabama 1975.

(b)(1) A person who advertises in violation of subsection (a) commits a Class A misdemeanor.

(2) A person required by state law to be licensed as a motor vehicle dealer, who is not licensed, and who advertises in violation of subsection (a), commits a Class A misdemeanor.

(3) One half of any fines assessed and collected for violations of this subsection shall be deposited into the General Fund and one half of any fines assessed and collected for violations of this subsection shall be deposited with the local law enforcement agency that has jurisdiction over the crime committed; provided however, that any portion of fines being shared with a county sheriff's department shall be paid to the county general fund earmarked for law enforcement.

(c) Subsections (a) and (b) do not apply to either of the following:

(1) A person who offers to purchase a motor vehicle on his or her behalf for personal purposes other than rebuilding, dismantling, or recycling into metallic scrap as provided by Section 32-8-87 of the Code of Alabama 1975.

(2) A motor vehicle dealer with an advertisement that is physically attached to the outside of its physical address or location, located on dealership property, or on an easement directly adjacent to dealership property.

(d) This act does not apply to any of the following:

(1) A person conducting a private transaction seeking to sell his or her own personal vehicle.

(2) A person licensed under Article 8 or Article 9, Chapter 12, Title 40, Code of Alabama 1975.

(3) A person defined under Article 1A, Chapter 8, Title 13A, Code of Alabama 1975.

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Motor Vehicles

Advertising

Licenses and Licensing

Crimes and Offenses

Misdemeanors

Felonies