To require each off-road vehicle owner, with certain exceptions, to obtain a certificate of title for off-road vehicles; to provide for the procedures of titling of off-road vehicles by the Department of Agriculture and Industries, the transfer of titles, perfection of liens, dealers' records and duties, levy of execution, procedures for antitheft, and departmental rulemaking authority; to provide for enforcement by the department; to provide penalties for certain crimes and offenses relative to off-road vehicle titling; to prohibit the unauthorized alteration of identification numbers on off-road vehicles, or identifiable component parts thereof; to provide criminal penalties for violations, including illegal possession thereof; to provide for forfeiture procedures under certain conditions; and in connection therewith would 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. For purposes of Sections 1 through 32 31 of this act, the following words shall have the following meanings:
(1) COMMISSIONER. The Commissioner of the Department of Agriculture and Industries.
(2) CURRENT ADDRESS. A new address different from the address shown on the application or on the certificate of title.
(3) DEALER. Any person, firm, copartnership, association, or corporation licensed as an off-road vehicle dealer and engaged regularly in the business of buying, selling, or exchanging off-road vehicles and having in this state an established place of business.
(4) DEPARTMENT. The Department of Agriculture and Industries.
(5) DESIGNATED AGENT. Each judge of probate, commissioner of licenses, revenue commissioner, or other county official in this state authorized and required by law to issue vehicle registrations, who may perform duties under this act personally or through deputies, or any other persons, as the department may designate. The term shall also mean a "dealer" as defined in this act who is appointed by the department to perform the duties of "designated agent" for the purposes of this act. Any "dealer" may perform duties imposed on the dealer by this act either personally or through any of its officers or employees.
(6) LIEN. Every kind of written lease which is substantially equivalent to an installment sale or which provides for a right of purchase, conditional sale, reservation of title, deed of trust, chattel mortgage, trust receipt, and every written agreement or instrument of whatever kind or character whereby an interest other than absolute title is sought to be held or given on an off-road vehicle.
(7) LIENHOLDER. Any person, firm, copartnership, association, or corporation holding a lien on an off-road vehicle.
(8) MANUFACTURER. Any person, firm, copartnership, association, or corporation engaged in any of the following:
a. The manufacture, construction, or assembly of new off-road vehicles or associated equipment.
b. The manufacture or construction of components for off-road vehicles and associated equipment to be sold for subsequent assembly.
c. The importation into the United States for sale of new off-road vehicles, associated equipment, or components thereof.
d. The distribution into the United States for sale of new off-road vehicles, associated equipment, or components thereof.
(9) NEW OFF-ROAD VEHICLE. An off-road vehicle that has never been the subject of a first sale for use.
(10) NONRESIDENT. Every person whose residence is not the State of Alabama.
(11) OFF-ROAD VEHICLE. Any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads. It includes, but is not limited to, all-terrain vehicles generally and specifically to: Four-wheel drive or low-pressure tire vehicles, two-wheel vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind, except that such term shall exclude any golf cart; any vehicle used for military, fire, emergency, or law enforcement purposes; any motorboat; any vehicles used exclusively on airport property; all farm machinery, farm tractors, and other self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, garden or lawn tractors while such vehicles are being used exclusively for their designed purposes. The term "off-road vehicle" shall not be interpreted to include any motor vehicle for which a certificate of title is required by Chapter 8 of Title 32 of the Code of Alabama 1975.
(12) OPERATE. To use an off-road vehicle.
(13) OPERATOR. The person who operates or has charge of the use of an off-road vehicle.
(14) OWNER. A person, other than a lienholder, having the property in or title to an off-road vehicle. The term includes a person entitled to the use or possession of an off-road vehicle subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.
(15) PERSON. The term shall include every natural person, firm, partnership, association, corporation, or governmental entity.
(16) RESIDENT. Every person whose residence is the State of Alabama.
(17) SECURITY AGREEMENT. A written agreement which reserves or creates a security interest in an off-road vehicle.
(18) SECURITY INTEREST. An interest reserved or created by agreement which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security. A security interest is "perfected" when it is valid against third parties generally, subject only to specific statutory exceptions.
(19) SERIAL NUMBER. The letters and numbers on an off-road vehicle designated by the manufacturer or assigned by the department for the purpose of identifying the off-road vehicle.
(20) STATE. A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada.
(21) USE. To operate an off-road vehicle.
(22) USED OFF-ROAD VEHICLE. An off-road vehicle that has been the subject of a first sale for use, within the state or elsewhere.
Section 2. (a) The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out this act.
(b) The department may:
(1) Adopt and enforce reasonable rules to carry out this act.
(2) Revoke the authority of a dealer or other person appointed by the department to act as a designated agent pursuant to this act when it finds that the dealer or other person has failed to faithfully perform his or her duties as a designated agent pursuant to this act.
Section 3. (a) There shall be paid to the department for issuing and processing documents required by this act a fee of twelve dollars ($12) for each of the following transactions:
(1) An application for certificate of title.
(2) An application for replacement or corrected certificate of title.
(3) An application for certificate of title after transfer.
(4) A notice of security interest.
(5) An assignment by a lienholder.
(6) An application for ordinary certificate of title upon surrender of a distinctive certificate.
(7) An application for information as to the status of the title of an off-road vehicle.
(b) The twelve dollar ($12) fee shall be deposited into the State General Fund.
Section 4. (a) A designated agent shall receive one dollar seventy-five cents ($1.75) for each application for certificate of title processed for which a fee is imposed by Section 3. The issuance fee shall be in addition to the fees set out in Section 3.
(b) If more than one transaction is involved in any application on a single off-road vehicle and if supported by all required documents, the fee charged by the department and by the designated agent for processing and issuing shall be considered as only one transaction for which the designated agent shall receive and retain one dollar seventy-five cents ($1.75).
Section 5. A person who, with fraudulent intent, does any of the following is guilty of a Class C felony:
(1) Alters, forges, or counterfeits a certificate of title.
(2) Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or alters or forges a form prescribed by the department.
(3) Has possession of or uses a certificate of title knowing it has been altered, forged, or counterfeited.
(4) Uses a false or fictitious name or address, makes a material false statement, fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title.
Section 6. A person who does any of the following is guilty of a Class B misdemeanor:
(1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title.
(2) Willfully fails to mail or deliver a certificate of title or application for title to the department within 10 days after the time required by this act.
(3) Willfully fails to deliver to the transferee a certificate of title within 10 days after the time required by this act.
(4) Knowingly and willfully commits a fraud in any application for title.
(5) With the exception of Section 5, willfully violates any other provision of this act.
(6) Any dealer, acting for himself or herself or for another, who sells, trades, or otherwise transfers any off-road vehicle required to be titled under this act who does not comply with this act.
Section 7. Any law to the contrary notwithstanding, and except as provided in Section 8, every owner of an off-road vehicle designated as a 2010 year model, and any subsequent year model, which is in this state, shall make application to a designated agent for a certificate of title.
Section 8. No certificate of title shall be issued for any of the following:
(1) An off-road vehicle owned by a manufacturer or dealer and held for sale even though incidentally used for purposes of testing or demonstration or an off-road vehicle manufactured solely for testing and sales promotional purposes.
(2) An off-road vehicle owned by the United States or any agency of the United States except recreational off-road vehicles.
(3) An off-road vehicle from a country other than the United States temporarily used in this state not in excess of 90 days.
(4) An off-road vehicle owned by a resident of another jurisdiction who, on a temporary basis, has the ATV in Alabama for recreational purposes.
(5) A 2009 or prior year model off-road vehicle.
Section 9. (a) Any judge of probate, license commissioner, revenue commissioner, or other county officials in this state authorized and required by law to issue motor vehicle license tags, by virtue of his or her office, shall be a designated agent of the department. Such officials may perform duties pursuant to this act either personally or through his or her deputies.
(b) Any dealer may perform duties pursuant to this act either personally or through officers or employees. Any dealer or authorized person shall enter into a bond with a corporate surety authorized to do business in this state as surety on the bond, payable to the State of Alabama in a sum to be determined by the department, but in no event less than five thousand dollars ($5,000), conditioned on the faithful performance of his or her duties under this act.
Section 10. (a) An application for the first certificate of title of an off-road vehicle in this state shall be made by the owner to a designated agent on the form prescribed by the department and shall contain the following information:
(1) The name, current residence and mailing address of the owner.
(2) A description of the off-road vehicle including the year, make, model, serial number, and whether the off-road vehicle is new or used.
(3) The date of purchase by the applicant, the name and address of the person from whom the off-road 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) Any other information as the department may require.
(b) If the application is for an off-road 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. The application shall be signed by the dealer as well as the owner and the designated agent shall promptly mail or deliver the application to the department.
(c) If the application is for a new off-road vehicle, it shall be accompanied by the certified manufacturer's statement of origin showing proper assignments to the applicant. Upon the shipment of an off-road vehicle into this state, the manufacturer shall furnish the dealer with a certified statement of origin.
(d) Each application shall contain or be accompanied by the certificate of a designated agent certifying the following:
(1) That the off-road vehicle has been physically inspected.
(2) That the serial number of the off-road vehicle and descriptive data shown on the application, pursuant to the requirements of subsection (a)(2), are correct.
(3) That the designated agent identified the person signing the application and witnessed the signature.
(e) If the application is for a first certificate of title on an off-road vehicle other than a new off-road 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 off-road vehicle by which the applicant claims title or any other information as the department may reasonably require to identify the off-road vehicle and to enable the department to determine the ownership of the off-road vehicle, and the existence or nonexistence of security interests in the off-road vehicle.
(f) If the application refers to an off-road vehicle previously registered in another state or country, the application shall contain or be accompanied by all of the following:
(1) A certificate of title issued by the other state or country.
(2) A certificate of registration issued by the other state or country.
(3) Any other information and documents as the department may reasonably require to establish the ownership of the off-road vehicle and the existence or nonexistence of a security interest in the off-road vehicle.
(4) The certificate of a designated agent that the off-road vehicle has been physically inspected by him or her and that the serial number and descriptive data shown on the application pursuant to subsection (a)(2) are correct.
(5) Any other proof of the identity of the off-road vehicle as the department may reasonably require.
(g) Every designated agent within this state shall, no later than 10 calendar days after an application is received, forward to the department, in a manner as prescribed by the department, the fee as provided in Section 3, and along with any other evidence of title as may have been delivered by the applicant, to the designated agent.
Section 11. If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department may accept the application but shall either:
(1) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the vehicle and that there are no undisclosed security interests on it; or
(2) As a condition of issuing a certificate of title, require the applicant to file with the department a bond in the form prescribed by the department and executed by the applicant and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to one and one-half times the value of the vehicle as determined by the department and conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney's fees, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of three years or prior thereto if the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
Section 12. Each certificate of title for an off-road vehicle issued by the department shall contain the following information:
(1) The date issued.
(2) The 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 off-road vehicle including the year, make, model, serial number, whether new or used, and if a new off-road vehicle, the date of the first sale of the off-road vehicle for use.
(6) A statement that the vehicle is titled for off-road use only.
(7) Any other data prescribed by the department.
Section 13. The certificate of title shall be mailed to the first lienholder named in the certificate of title or, if none, to the owner.
Section 14. The department shall refuse to issue a certificate of title if any required fee is not paid or if the department has reasonable grounds to believe any of the following:
(1) The applicant is not the owner of the off-road vehicle.
(2) The application contains a false or fraudulent statement.
(3) The applicant fails to furnish required information or documents or any additional information the department reasonably requires.
Section 15. (a) If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement certificate of title upon furnishing information satisfactory to the department and payment of the required fee. The replacement certificate of title shall contain the legend, "This is a replacement certificate of title and may be subject to the rights of a person under the original certificate of title." It shall be mailed to the first lienholder named in the replacement certificate of title, or, if none, to the owner.
(b) A person recovering an original certificate of title for which a replacement certificate of title has been issued shall promptly surrender the original certificate of title to the department.
Section 16. (a) If an owner transfers his or her interest in an off-road vehicle, other than by the creation of a security interest, he or she, at the time of the delivery of the off-road vehicle, shall execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and assignment to be mailed or delivered to the transferee or to the department.
(b) Except as provided in this section, the transferee, promptly after delivery to him or her of the off-road vehicle, shall execute the application for a new certificate of title in the space provided on the certificate or as the department prescribes, and cause the certificate and application and appropriate fees to be mailed or delivered to a designated agent.
Section 17. (a) If a dealer buys an off-road vehicle, holds it for resale, and procures the certificate of title from the owner or the lienholder within 15 days after delivery of the off-road vehicle to the dealer, the dealer may mail or deliver the certificate of title to a designated agent with the transferee's application for a new certificate in lieu of sending the certificate to the department.
(b) Upon transferring the off-road vehicle to another person other than by the creation of a security interest, the dealer shall promptly execute the assignment and warranty of title showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of any security agreement in the spaces provided on the certificate, or as prescribed by the department.
(c) Every dealer shall maintain, for a period of five years, a record in the form prescribed by the department of every off-road vehicle bought, sold, or exchanged by the dealer or received by the dealer for sale or exchange. Records required by this subsection shall be open to inspection by representatives of the department and law enforcement officers during reasonable business hours.
Section 18. (a) If the interest of an owner in an off-road vehicle passes to another person, other than by voluntary transfer, the transferee, except as provided in subsection (b), shall promptly mail or deliver to a designated agent the last certificate of title, if available, and proof of the transfer, together with his or her application for a new certificate and the appropriate fees in the form prescribed by the department.
(b)(1) If the interest of the owner is terminated or the off-road vehicle is sold under a security agreement by a lienholder named in the certificate of title, the transferee shall promptly make application to a designated agent for a new certificate in the form prescribed by the department. The application shall be accompanied by the last certificate of title, the appropriate fees, and an affidavit made by or on behalf of the lienholder that the off-road vehicle was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement.
(2) If the lienholder succeeds to the interest of the owner and holds the off-road vehicle for resale, the lienholder need not secure a new certificate of title but, upon transfer to another person, shall promptly mail or deliver to the transferee the certificate, affidavit, and other documents as required by the department. The transferee shall promptly make application to a designated agent for a new certificate in the form prescribed by the department.
(c) Notwithstanding anything to the contrary in this section, a person holding a certificate of title whose interest in the off-road vehicle has been extinguished or transferred, other than by voluntary transfer, shall mail or deliver the certificate to the department upon the request of the department. The delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate and the action of the department in issuing a new certificate of title as provided in this section is not conclusive upon the rights of an owner or lienholder named in the old certificate.
Section 19. (a) The department, upon receipt of the required fee and a properly assigned certificate of title, application for a new certificate of title, and any other documents required by the department, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in the certificate of title or, if none, to the owner.
(b) The department, upon receipt of the required fee and an application for a new certificate of title by a transferee, other than by voluntary transfer, proof of the transfer, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the department, the department shall make demand for the outstanding certificate from the holder.
(c) The department shall file every surrendered certificate of title for a period of time deemed necessary by the department to substantiate the proper chain of ownership.
Section 20. (a) The department shall suspend or revoke a certificate of title upon notice and reasonable opportunity to be heard if one or more of the following conditions exist:
(1) The certificate of title was fraudulently procured or erroneously issued.
(2) The off-road vehicle has been scrapped, dismantled, or destroyed.
(b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
(c) When the department suspends or revokes a certificate of title, the owner or person in possession of it, immediately upon receiving notice of the suspension or revocation, shall mail or deliver the certificate of title to the department.
(d) If a person fails to comply with subsection (c) of this section, the department shall seize and impound the certificate of title which has been revoked.
Section 21. The provisions of this act do not apply to or affect any of the following:
(1) A lien given by statute or rule of law to a supplier of services or materials for the off-road vehicle.
(2) A lien given by statute to the United States, this state, or any political subdivision of this state.
(3) A security interest in an off-road vehicle created by a manufacturer or dealer who holds the off-road vehicle for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes title free of the security interest.
Section 22. In the case of an off-road vehicle as defined in Section 1 and notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because the transaction provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the off-road vehicle.
Section 23. (a) Unless excepted by this act, a security interest in an off-road vehicle for which a certificate of title is required by the terms of this act is not valid against creditors of the owner or subsequent transferees or lienholders of the off-road vehicle unless perfected as provided in this act.
(b) A security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder, and the date of his or her security agreement and the required fee. It is perfected as of the time of its creation if the delivery is completed within 30 days thereafter, otherwise, as of the time of the delivery.
Section 24. If an owner creates a security interest in an off-road vehicle:
(1) The owner shall immediately execute the application in the space provided therefor on the certificate of title, or on a separate form the department prescribes to name the lienholder on the certificate showing the name and address of the lienholder and the date of his or her security agreement, and cause the certificate, application, and the required fee to be delivered to the lienholder.
(2) The lienholder shall immediately cause the certificate, application, and required fee to be mailed or delivered to the department.
(3) Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the department, or, upon receipt from the subordinate lienholder of the owner's application and the required fee, mail or deliver them to the department with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his or her security agreement.
(4) Upon receipt of the certificate of title, application, and the required fee, the department shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder and mail the certificate to the first lienholder named in it.
Section 25. (a) A lienholder may assign, absolutely or otherwise, his or her security interest in the off-road vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate in the manner prescribed by the department.
(b) The department shall file each assignment received by the department with the required fee and note the assignee as lienholder upon the record of notices of security interests maintained by the department.
Section 26. (a) Upon the satisfaction of a security interest in an off-road vehicle for which the certificate of title is in the possession of the lienholder, he or she, within 10 days after demand, shall execute a release of his or her security interest, in the space provided therefor therefore on the certificate or as the department prescribes, and mail or deliver the certificate and release to the next lienholder named therein, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner, other than a dealer holding the off-road vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the lienholder's rights on the certificate or issue a new certificate.
(b) Upon the satisfaction of a security interest in an off-road vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied, within 10 days after demand, shall execute a release in the form the department prescribes and deliver the release to the owner or any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by him or her, for delivery to the department, or, upon receipt of the release, mail or deliver it with the certificate to the department which shall release the subordinate lienholder's rights on the certificate or issue a new certificate.
(c) Upon receipt of the releases of security interests mentioned in subsections (a) and (b) of this section, the department shall file each release in the manner prescribed by the department and note the same upon the records of notices of security interests maintained by it.
Section 27. A lienholder named in a certificate of title, upon written request of the owner or of another lienholder named on the certificate, shall disclose any pertinent information as to his or her security agreement and the indebtedness secured by it.
Section 28. The method provided in this act of perfecting and giving notice of security interest in off-road vehicles required to be titled under the terms of this act shall be exclusive. Security interests in off-road vehicles required to be titled under the terms of this act are hereby exempted from the provisions of law which otherwise require the filing or recording of financing statements or of other instruments creating or evidencing security interests. Security interests in off-road vehicles not required to be titled under the terms of this act which are perfected under any other applicable laws of this state shall not be affected by this act but shall continue in all respects to be governed by such other laws of this state.
Section 29. (a) The department shall file each notice of security interest received by the department with the required fee and maintain a record of all notices of security interests filed by the department:
(1) Alphabetically, under the name of the owner;
(2) Under the serial number;
(3) Under the certificate of title number; and
(4) In the discretion of the department, by any other method it determines.
(b) The department, before issuing or reissuing a certificate of title, shall check the name of the owner and the certificate of title number of the off-road vehicle against the record provided for in subsection (a).
Section 30. (a) A person who willfully removes or falsifies the serial number of an off-road vehicle is guilty of a Class A misdemeanor.
(b) A person who willfully, and with intent to conceal or misrepresent the identity of an off-road vehicle, removes or falsifies the serial number of the off-road vehicle is guilty of a Class C felony.
(c) A person who buys, receives, possesses, sells, or disposes of an off-road vehicle with knowledge that the serial number of the off-road vehicle has been removed or falsified with intent to conceal or misrepresent the identity of the off-road vehicle is guilty of a Class C felony.
(d) A person who buys, receives, possesses, sells, or disposes of an off-road vehicle, knowing that the serial number of the vehicle has been removed or falsified, is guilty of a Class A misdemeanor.
(e) Any off-road vehicle whose identification number or numbers appear to be altered or removed may be seized and detained by law enforcement officials for a reasonable period of time for determination of the true identity of the off-road vehicle. Any off-road vehicle seized by law enforcement officials whose ownership cannot be determined is contraband and subject to forfeiture.
(f) Any seized off-road vehicle taken or retained pursuant to this section shall not be subject to replevin, but is deemed to be in the custody of the state, county, or municipal law enforcement agency which seized the off-road vehicle, subject only to the orders and judgment of the court having jurisdiction over the forfeiture proceeding.
(g) Any off-road vehicle which has been reported stolen and subsequently recovered by law enforcement officials may be returned to the person claiming ownership upon the presentation of proper ownership documentation. Any recovered off-road vehicle whose ownership is in question shall be returned subject only to the orders of a court having jurisdiction of the matter.
(h) No civil liability shall attach to any law enforcement official acting in good faith pursuant to this section.
(i) When property is forfeited pursuant to this section, the state, county, or municipal law enforcement agency, with approval of a court of competent jurisdiction, may retain it for official use, sell it at a public auction, or have it destroyed.
(j) All proceeds of forfeiture and sale shall accrue to the state, county, or municipal law enforcement agency proceeding with the forfeiture. All county proceeds shall be paid into the county general fund earmarked for law enforcement purposes.
Section 31. The commissioner may promulgate any reasonable rules and regulations necessary to administer this act.
Section 32. (a) A person who willfully removes or falsifies an identification number of an off-road vehicle, or the engine, transmission, or other identifiable component part of an off-road vehicle is guilty of a Class A misdemeanor and shall be punished as required by law.
(b) A person who, willfully and with intent to conceal or misrepresent the identity of an off-road vehicle, or the engine, transmission, or other identifiable component part of an off-road vehicle, removes or falsifies an identification number of the same is guilty of a Class C felony and shall be punished as required by law.
(c) A person who buys, receives, possesses, sells, or disposes of an off-road vehicle, or an engine, transmission, or other identifiable component part of an off-road vehicle, knowing that an identification number of the same has been removed or falsified, is guilty of a Class A misdemeanor and shall be punished as required by law.
(d) A person who buys, receives, possesses, sells, or disposes of an off-road vehicle, or the engine, transmission, or other identifiable component part of an off-road vehicle, with knowledge that an identification number of same has been removed or falsified and with intent to conceal or misrepresent the identity of same is guilty of a Class C felony and shall be punished as required by law.
(e) As used in this section, the following words shall have the following meanings:
(1) FALSIFY. The term includes alter and forge.
(2) IDENTIFIABLE COMPONENT PART. The term includes any part of an off-road vehicle that has an identifying number stamped or placed on it by the manufacturer or other authorized person or any part that can be identified by other means as being a part of a particular off-road vehicle.
(3) IDENTIFICATION NUMBER. The term includes an identifying number, engine number, or other distinguishing number or mark placed on an off-road vehicle, or the engine, transmission, or other component part of an off-road vehicle, by its manufacturer or by authority of the Department of Agriculture and Industries or in accordance with the laws of another state or country.
(4) OFF-ROAD VEHICLE. Any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads. It includes, but is not limited to, all-terrain vehicles generally and specifically to: Four-wheel drive or low-pressure tire vehicles, two-wheel vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind, except that such term shall exclude any golf cart; any vehicle used for military, fire, emergency, or law enforcement purposes; any motorboat; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, garden or lawn tractors while such vehicles are being used exclusively for their designed purposes. The term "off-road vehicle" shall not be interpreted to include any motor vehicle for which a certificate of title is required by Chapter 8 of Title 32 of the Code of Alabama 1975.
(5) REMOVE. The term includes deface, cover, and destroy.
(g) An identification number may be placed on an off-road vehicle, or the engine, transmission, or other identifiable component part of an off-road vehicle, by its manufacturer in the regular course of business or placed or restored on same by authority of the Department of Agriculture and Industries without violating this section. An identification number so placed or restored is not falsified. The department is authorized to levy and retain a fee not to exceed five dollars ($5) in order to offset any administrative costs associated with this subsection.
(h) Any off-road vehicle, or the engine, transmission, or other identifiable component part, wherein the identification number or numbers appear to be altered or removed, may be seized and detained by law enforcement officials for a period of time not to exceed 72 hours for determination of the true identity of the off-road vehicle, or the engine, transmission, or other component parts. The law enforcement officials shall inform in writing the person from whom the property was seized as to the disposition of the case within two days after the 72-hour time frame ends. Any item seized by law enforcement officials, wherein ownership cannot be determined shall be contraband and subject to forfeiture.
(i) Any seized item taken or retained under this section shall not be subject to replevin, but is deemed to be in the custody of the state, county, or municipal law enforcement agency subject only to the orders and judgment of the court having jurisdiction over the forfeiture proceedings.
(j) Any off-road vehicle which has been reported stolen and subsequently recovered by law enforcement officials may be returned to the person claiming ownership upon the presentation of proper ownership documentation. Any recovered off-road vehicle where ownership is in question shall be returned subject only to the orders of a circuit court having jurisdiction of the matter.
(k) No civil liability shall attach to any law enforcement official acting in good faith under this section.
(l) When property is forfeited under this section, the state, county, or municipal law enforcement agency, with approval of a court of competent jurisdiction, may do any of the following:
(1) Retain it for official use.
(2) Have it destroyed.
(3) Repair the off-road vehicle and sell it to the highest bidder with the proceeds being earmarked for law enforcement purposes. All county proceeds shall be paid into the county general fund earmarked for law enforcement purposes.
Section 33. Any law to contrary notwithstanding, an owner of an off-road vehicle, as defined in Section 1, that purchases insurance coverage for his or her off-road vehicle from an insurance company licensed to do business in Alabama shall not be eligible to recover any damages from an insurer relative to his or her off-road vehicle if the owner of the off-road vehicle has not applied for, received, and provided to the insurer a copy of the off-road vehicle's certificate of title, as prescribed in Section 7.
Section 34. Any law to the contrary notwithstanding, an owner of an off-road vehicle, as defined in Section 1, shall not be permitted to operate his or her off-road vehicle in any state wildlife management area or any state park without having on his or her person proof that a certificate of title for the off-road vehicle has been properly obtained, as prescribed in Section 7.
Section 35. The provisions of this act shall be construed in pari materia with any laws or parts of laws relating to off-road vehicles, and civil procedures, perfecting security interests and the Uniform Commercial Code, except to the extent there is a direct conflict herewith.
Section 36. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
Section 37. 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 38. This act shall become effective on January 1, 2009, following its passage and approval by the Governor, or its otherwise becoming law.