Changes to Existing Law

Department to provide name and address of record holder of title and lien holders to possessor of vehicle due to unpaid repair bill. 32-3-67. For purposes of this chapter, the The department shall provide a person that has possession of a motor vehicle, boat as defined in § 32-3A-2, moped, motorcycle, off-road vehicle as defined in § 32-20-1, snowmobile as defined in § 32-20A-1, or trailer, as the result of an unpaid repair bill bill, with the last known name and address of the record holder of title and any readily identifiable lien holders free of charge. 8

32-3-68. A person with possession of a vehicle described in § 32-3-67 may apply for a title on any motor vehicle, boat as defined in § 32-3A-2, moped, motorcycle, off-11 road vehicle as defined in § 32-20-1, snowmobile as defined in § 32-20A-1, or trailer, that is left unclaimed, as the result of an unpaid repair bill, by its owner or person lawfully in possession of, of thereof, on private property for a period of thirty days after written notice of intent to apply for a title is given sent to the owner at the owner's last known address and to any readily identifiable insurer or lien holder by certified mail. The notice shall must set forth the location where the motor vehicle is being kept, the circumstances surrounding acquisition of the vehicle, and the year, make, model, and serial number or hull identification number of the motor vehicle, and shall shall. The notice must inform the owner, insurer, and any lien holder of the right to reclaim the vehicle as provided by § 32-3-69. The notice shall must be on a form provided by the department. If it is impossible to determine with reasonable certainty the identity and address of the registered owner, insurer, and any lien holder, a notice shall must be published once in a newspaper of general circulation in the area where the motor vehicle was left for repair. Published notices may be grouped together for convenience and economy.

32-3-69. Title Except as provided below, title to any motor vehicle shall vest vest, boat as defined in § 32-3A-2, moped, motorcycle, off-road vehicle as defined in § 32-20-1, snowmobile as defined in § 32-20A-1, or trailer, vests with the person to whom the unpaid repair bill is payable and who has complied with the provisions of this chapter in notifying the owner and all insurers and lien holders of their rights to reclaim the motor vehicle after a period of thirty days from the date to on which notice was sent to the owner and all insurers and lien holders. The owner, insurer, or the lienholder may reclaim the motor vehicle by paying any reasonable cost of repair. A lienholder paying the cost of repair may add the cost of repair to the outstanding loan secured by the vehicle. The owner, insurer, or lien holder shall notify the department and the repair facility within thirty days of receipt of the notice of their intent to reclaim the motor vehicle. If the owner, insurer, or lien holder fails to claim and remove the motor vehicle within thirty days after mailing of the notice of intent to reclaim the vehicle, title to the motor vehicle is irrevocably vested in the person to whom the repair bill is payable and who has complied with the provisions of this chapter. The vehicle shall must be sold at public auction pursuant to §§ 21-54-5, 21-54-7, and 21-54-10 21-54-10, and any excess moneys above settlement of the debt shall must be forwarded to the prior owner, insurer, and any other party with a legal interest in such the vehicle. If the owner, insurer, and any lien holder are unidentifiable or not able to be contacted, the excess moneys shall must be sent to the state treasurer and treated as unclaimed property pursuant to chapter 43-41B. 22