Alabama § 45-8-204 - Voiding of License for Invalid Payment; Reimbursement for Monetary Loss; Due Care.

§ 45-8-204. Voiding of License for Invalid Payment; Reimbursement for Monetary Loss; Due Care.

(a) When a check or credit card tendered by an individual, company, or other entity for payment of any motor vehicle license, vessel registration, privilege license, door to door sales license, rental lease, driver license, or manufactured home registration is found to be noncollectible at the time of deposit, the license commissioner or license inspector shall make a reasonable attempt to retrieve the motor vehicle license plate or decal and to retrieve all other licenses and decals for the enforcement of this section. In the event the motor vehicle license plate, decal, or other license cannot be retrieved, the license commissioner may void sales and use taxes, issuance fees, interest, penalties, and costs. After the motor vehicle or other license has been voided, the license commissioner shall receive credit for costs associated with the noncollectible check, credit card, or instrument issued. The appropriate state office shall mark the records pertaining to the voided license accordingly, and upon inquiry by any law enforcement agency, shall notify the agency that the party in question is operating under a voided license. All violations shall be prosecuted in accordance to law.

(b) The Calhoun County Commission shall reimburse the office of the License Commissioner of Calhoun County from the General Fund of Calhoun County up to three thousand five hundred dollars ($3,500) per year for the amount of any losses arising or caused by any errors, mistakes, or omissions of the license commissioner or his or her agents if caused without personal knowledge, including losses arising from acceptance of worthless or forged checks, drafts, money orders, credit cards, or other written or online orders for money or its equivalent.

(c) The license commissioner shall ensure that his or her employees exercise due care in performing their duties and make a diligent effort to correct any error, mistake, or omission and collect the amount subject to potential loss immediately upon becoming aware of the potential loss. This section shall not apply to any deliberate misuse or misappropriation of funds by the license commissioner or any clerk or employees of the office.

(d) This section is supplemental and shall be construed in pari materia with other laws regarding the office of the license commissioner.