Mississippi House Bill 1086 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Failed on February 4 2014 - 100% progression
Action: 2014-02-04 - Died In Committee
Text: Latest bill text (Introduced) [HTML]

An Act To Create The Mississippi Uniform Certificate Of Title For Watercraft Act Of 2014; To Amend Section 59-25-1, Mississippi Code Of 1972, To Define And Revise The Definition Of Certain Terms; To Create New Section 59-25-2.1, Mississippi Code Of 1972, To Provide For The Applicability Of The Provisions Of This Act To Any Transaction, Certificate Of Title Or Record Relating To A Watercraft; To Create New Section 59-25-2.2, Mississippi Code Of 1972, To Provide That The Laws Of The State Or Jurisdiction Under Whose Certificate Of Title Covers A Watercraft Shall Govern The Matter Relating To The Watercraft Until The Time That Another Certificate Of Title Becomes Effective And Documented; To Create New Section 59-25-2.3, Mississippi Code Of 1972, To Prohibit The Operation Of A Watercraft Subject To Title Under This Act Until Such Time That The Individual Has Applied To The Department Of Wildlife, Fisheries And Parks For A Certificate Of Title Or A Temporary Registration Certificate Is Provided; To Amend Section 59-25-3, Mississippi Code Of 1972, To Require That The Application For Certificate Of Title Contain The Applicant's Driver's License Number, Social Security Number Or Taxpayer Identification Number Of Each Owner Of The Watercraft; To Create New Section 59-25-6, Mississippi Code Of 1972, To Provide For The Creation And Cancellation Of A Certificate Of Title, And To Prescribe Conditions Under Which The Department May Reject An Application For Title; To Require The Department To Provide The Owner And Any Other Interested Party An Opportunity For An Informal Proceeding To Present Evidence In Support Of Contesting The Cancellation Of Title; To Create New Section 59-25-6.1, Mississippi Code Of 1972, To Specify The Information To Be Included In The Content Of A Certificate Of Title; To Create New Section 59-25-6.2, Mississippi Code Of 1972, To Prescribe Stipulations On The Owner Of Record In The Transfer Of Ownership Interest In A Hull-damaged Watercraft Covered By A Certificate Of Title; To Require A Brand Designation As "hull Damaged" In The Application For A New Certificate Of Title With The Department, To Prescribe The Penalty For Violations Of This Provision; To Amend Section 59-25-15, Mississippi Code Of 1972, To Provide That The Effect Of Certificate Of Title Is Prima Facie Evidence Of The Accuracy Of The Information In The Record That Constitutes The Certificate; To Create New Section 59-25-16, Mississippi Code Of 1972, To Provide That Possession Of Certificate Of Title Does Not Alone Grant A Right To Obtain Possession Of A Watercraft; Nor Does Garnishment, Attachment, Levy, Replevin Or Other Judicial Process; To Provide That A Levy By Virtue Of A Proper Court Order Or Legal Action Shall Constitute A Lien When Proper Action Is Taken By The Officer Making The Levy To Report To The Department; To Create New Section 59-25-19, Mississippi Code Of 1972, To Require The Department To Assign And Maintain The Hull Identification Number Of The Watercraft And All Other Information Submitted With Application For Certificate Of Title; To Provide Access To The Information Required Under Certain Provision Of This Act As Documents Of Public Record; To Create New Section 59-25-20, Mississippi Code Of 1972, To Require The Department To Promptly Send The Certificate Of Title To The Secured Party Of Record Or To The Owner Of Record Upon The Creation Of A Written Certificate Of Title; To Provide That A Written Certificate Of Title If Created Cancel And Replaces Any Electronic Certificate Of Title For The Watercraft; To Require The Surrender Of Any Written Certificate Of Title In A Watercraft Before The Creation Of An Electronic Certificate By The Department; To Create New Section 59-25-21, Mississippi Code Of 1972, To Prescribe The Means Of Perfecting A Security Interest In A Watercraft; To Create New Section 59-25-23, Mississippi Code Of 1972, To Require A Secured Party Indicated On The Department's Files As Having A Security Interest In A Watercraft To Deliver A Termination Statement To The Department On The Debtor's Request Within Twenty Days After Receipt Of The Demand For The Termination Letter Or Within Thirty Days After There Is No Obligation Secured By The Watercraft Or Give Value Secured By The Watercraft; To Hold A Secured Party That Fails To Deliver The Required Termination Statement Liable For Any Loss Such Party Had Reason To Know Could Possibly Result For The Failure; To Create New Section 59-25-25, Mississippi Code Of 1972, To Provide For Transfer Of Ownership In A Watercraft Covered By A Certificate Of Title; To Create New Section 59-25-27, Mississippi Code Of 1972, To Provide That A Certificate Of Title Or Other Record Authorized By This Act Is Effective If It Contains Incorrect Information Or Lacks The Required Information; To Create New Section 59-25-29, Mississippi Code Of 1972, To Provide For Transfer Of Ownership In A Watercraft By A Secured Party's Transfer State; To Create New Section 59-25-31, Mississippi Code Of 1972, To Provide For Transfer Of Ownership Or Termination Of A Security Interest In A Watercraft Without A Certificate Of Title; To Create New Section 59-25-33, Mississippi Code Of 1972, To Provide The Procedures To Be Taken For The Replacement Of Certificate Of Title In Event Of Loss, Theft Or Mutilation; To Create New Section 59-25-35, Mississippi Code Of 1972, To Provide Rights To A Buyer In Ordinary Course Under The Uniform Commercial Code; To Create New Section 59-25-37, Mississippi Code Of 1972, To Prescribe The Rights Of A Secured Party For The Perfection And Nonperfection Of A Security Interest With Respect To The Rights Of A Purchaser Or Creditor; To Create New Section 59-25-39, Mississippi Code Of 1972, To Provide A Means For Acquiring Title To An Abandoned Watercraft After A Period Of Sixty Days Of Abandonment; To Require The Individual Desiring To Acquire Title In The Abandoned Watercraft To Place Notice In Three Consecutive Notices In A Newspaper Of General Circulation In The City Or County Of The Watercraft's Location; To Create New Section 59-25-41, Mississippi Code Of 1972, To Prescribe The Duties And Operations Of The Department In Retaining Documentation As Evidence To Establish Accuracy Of Information In Its Files And Retaining Information Regarding Security Interest In A Watercraft For At Least Ten Years; To Create New Section 59-25-43, Mississippi Code Of 1972, To Require That Consideration Be Given To The Need To Promote Uniformity Of This Law In Construing The Provisions Herein With States That Enact Similar Uniform Laws Pertaining To Certificate Of Titles For Watercraft; To Create New Section 59-25-45, Mississippi Code Of 1972, To Provide A Saving Clause For Certain Transactions And Security Interests In Watercraft Certificate Of Title Created Before July 1, 2014, And For A Prescribed Period Thereafter; To Bring Forward Sections 59-25-5, 59-25-7, 59-25-9, 59-25-11, 59-25-13 And 59-25-17, Mississippi Code Of 1972, For Purposes Of Possible Amendments; And For Related Purposes.

Uniform Certificate of Title for Watercraft Act; enact.

Rep. Bobby Moak [D]

Date	Chamber	Action
2014-02-04	House	Died In Committee
2014-01-20	House	Referred To Judiciary B;Marine Resources

Type	Source
Summary	https://billstatus.ls.state.ms.us/2014/pdf/history/HB/HB1086.xml
Text	https://billstatus.ls.state.ms.us/documents/2014/html/HB/1000-1099/HB1086IN.htm