Bill Text: MS HB1384 | 2013 | Regular Session | Introduced
Bill Title: Salvage certificate of title; revise manner by which title is obtained.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB1384 Detail]
Download: Mississippi-2013-HB1384-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Banking and Financial Services; Ways and Means
By: Representative Moak
House Bill 1384
AN ACT TO AMEND SECTIONS 63-21-15 AND 63-21-39, MISSISSIPPI CODE OF 1972, TO REVISE THE APPLICATION FOR CERTIFICATE OF TITLE AND THE PROCEDURE BY WHICH TITLE IS OBTAINED ON A VEHICLE WITH A SALVAGE CERTIFICATE OF TITLE FOR PURPOSES OF CLARIFICATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-21-15, Mississippi Code of 1972, is amended as follows:
63-21-15. (1) The
application for the certificate of title of a vehicle, manufactured home or
mobile home in this state shall be made by the owner to a designated agent, on
the form the * * * Department of Revenue prescribes, and shall
contain or be accompanied by the following, if applicable:
(a) The name, driver's license number, if the owner has been issued a driver's license, current residence and mailing address of the owner;
(b) (i) If a vehicle, a description of the vehicle, including the following data: year, make, model, vehicle identification number, type of body, the number of cylinders, odometer reading at the time of application, and whether new or used; and
(ii) If a manufactured home or mobile home, a description of the manufactured home or mobile home, including the following data: year, make, model number, serial number and whether new or used;
(c) The date of purchase by applicant, the name and address of the person from whom the vehicle, manufactured home or mobile home was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements;
(d) In connection with the transfer of ownership of a manufactured home or mobile home sold by a sheriff's bill of sale, a copy of the sheriff's bill of sale;
(e) (i) An odometer disclosure statement made by the transferor of a motor vehicle. The statement shall read:
"Federal and state law requires that you state the mileage in connection with the transfer of ownership. Failure to complete or providing a false statement may result in fine and/or imprisonment.
I state that the odometer now reads __________ (no tenths) miles and to the best of my knowledge that it reflects the actual mileage of the vehicle described herein, unless one (1) of the following statements is checked:
_____ (1) I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in excess of its mechanical limits.
_____ (2) I hereby certify that the odometer reading is not the actual mileage. WARNING-ODOMETER DISCREPANCY!"
(ii) In connection
with the transfer of ownership of a motor vehicle, each transferor shall
disclose the mileage to the transferee in writing on the title or on the
document being used to reassign the title, which form shall be prescribed and
furnished by the * * * Department of Revenue. This written
disclosure must be signed by the transferor and transferee, including the
printed name of both parties.
Notwithstanding the requirements above, the following exemptions as to odometer disclosure shall be in effect:
1. A vehicle having a gross vehicle weight rating of more than sixteen thousand (16,000) pounds.
2. A vehicle that is not self-propelled.
3. A vehicle that is ten (10) years old or older.
4. A vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications.
5. A transferor of a new vehicle prior to its first transfer for purposes other than resale need not disclose the vehicle's odometer mileage.
(iii) Any person who knowingly gives a false statement concerning the odometer reading on an odometer disclosure statement shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of up to One Thousand Dollars ($1,000.00) or imprisonment of up to one (1) year, or both, at the discretion of the court. These penalties shall be cumulative, supplemental and in addition to the penalties provided by any other law; and
(f) For previously used manufactured homes and mobile homes that previously have not been titled in this state or any other state, a disclosure statement shall be made by the owner of the manufactured home or mobile home applying for the certificate of title. That statement shall read:
"I state that the previously used manufactured home or mobile home owned by me for which I am applying for a certificate of title, to the best of my knowledge:
_____ (1) Has never been declared a total loss due to flood damage, fire damage, wind damage or other damage; or
_____ (2) Has previously been declared a total loss due to:
_____ (a) Collision;
_____ (b) Flood;
_____ (c) Fire;
_____ (d) Wind;
_____ (e) Other (please describe): _______________
________________________________________________________________."
(2) The application shall
be accompanied by such evidence as the * * * Department of Revenue
reasonably requires to identify the vehicle, manufactured home or mobile home
and to enable the * * * Department of Revenue to determine whether the
owner is entitled to a certificate of title and the existence or nonexistence
of security interests in the vehicle, manufactured home or mobile home and
whether the applicant is liable for a use tax as provided by Sections 27-67-1
through 27-67-33.
(3) If the application is
for a vehicle, manufactured home or mobile home 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 his
security agreement and it shall be signed by the dealer as well as the owner.
The designated agent shall promptly mail or deliver the application to the * * *
Department
of Revenue.
(4) If the application is for a new vehicle, manufactured home or mobile home, it shall contain the certified manufacturer's statement of origin showing proper assignments to the applicant and a copy of each security interest document.
(5) Each application shall
contain or be accompanied by the certificate of a designated agent that the
vehicle, manufactured home or mobile home has been physically inspected by him
and that the vehicle identification number and descriptive data shown on the
application, pursuant to the requirements of subsection (1)(b) of this section,
are correct, and also that he has identified the person signing the application
and witnessed the signature. If the application is to receive a * * *
branded title for
a vehicle for which a salvage certificate of title has been issued, the
application shall be accompanied by a sworn affidavit that the vehicle complies
with the requirements of this section, Section 63-21-39 and the regulations
promulgated by the * * * Department of Revenue under Section 63-21-39.
(6) If the application is
for a first certificate of title on a vehicle, manufactured home or mobile home
other than a new vehicle, manufactured home or mobile home, 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 bill of sale of said motor vehicle, manufactured
home or mobile home whereby the applicant claims title or in lieu thereof, in
the case of a motor vehicle, certified copies of the last two (2) years' tag
and tax receipts or in lieu thereof, in any case, such other information the * * *
Department
of Revenue may reasonably require to identify the vehicle, manufactured
home or mobile home and to enable the * * * Department of Revenue
to determine ownership of the vehicle, manufactured home or mobile home and the
existence or nonexistence of security interest in it. If the application is
for a vehicle, manufactured home or mobile home last previously registered in
another state or country, the application shall also be accompanied by the
certificate of title issued by the other state or country, if any, properly
assigned.
(7) Every designated agent
within this state shall, no later than the next business day after they are
received by him, forward to the * * * Department of Revenue
by mail, postage prepaid, the originals of all applications received by him,
together with such evidence of title as may have been delivered to him by the
applicants.
(8) An application for certificate of title and information to be placed on an application for certificate of title may be transferred electronically as provided in Section 63-21-16.
(9) The * * *
Department
of Revenue shall issue a certificate of title or any other document applied
for under this chapter to the designated agent, owner or lienholder of the
motor vehicle or of the manufactured home or mobile home, as appropriate, not
more than thirty (30) days after the application and required fee prescribed
under Section 63-21-63 or Section 63-21-64 are received unless the applicant
requests expedited processing under subsection (10) of this section.
(10) (a) The * * *
Department
of Revenue shall establish an expedited processing procedure for the
receipt of applications and the issuance of certificates of title and any other
documents issued under this chapter, except a replacement certificate of title
as provided under Section 63-21-27(2), for motor vehicles and for manufactured
homes or mobile homes. Any designated agent, lienholder or owner requesting
the issuance of any such document, at his or her option, shall receive such
expedited processing upon payment of a fee in the amount of Thirty Dollars
($30.00). Such fee shall be in addition to the fees applicable to the issuance
of any such documents under Section 63-21-63 and Section 63-21-64.
(b) When expedited
title processing is requested, the applicable fees are paid and all documents
and information necessary for the * * * Department of Revenue
to issue the certificate of title or other documents applied for are received
by the commission, then the commission shall complete processing of the
application and issue the title or document applied for within seventy-two (72)
hours of the time of receipt, excluding weekends and holidays.
SECTION 2. Section 63-21-39, Mississippi Code of 1972, is amended as follows:
63-21-39. (1) (a) An owner who scraps, dismantles or destroys a vehicle and a person who purchases a vehicle as scrap or to be dismantled or destroyed shall indicate same on the back of the certificate of title and shall immediately cause the certificate of title and any other documents required by the Department of Revenue to be mailed or delivered to the Department of Revenue for cancellation. A certificate of title of the vehicle shall not again be issued except upon application containing the information the Department of Revenue requires, accompanied by a certificate of inspection in the form and content specified in Section 63-21-15(5) and proof of payment of a fee as provided in subsection (2) of this section.
(b) Notwithstanding any other provision of this chapter to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, has lost the title for the vehicle to be transferred, or has returned the title to the Department of Revenue in accordance with Section 63-21-39(1)(a), he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is at least ten (10) model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer or scrap metal processor. The department shall promulgate a form for the statement which shall include, but not be limited to:
(i) A description of the vehicle including the year, make, model and vehicle identification number;
(ii) The name, address, and driver's license number of the owner;
(iii) A certification that the owner:
1.
Never obtained a title to the vehicle in his or her name; or
2. Was issued a title for the vehicle, but the title was
lost or stolen;
(iv) A certification that the vehicle:
1. Is at least ten (10) model years old; and
2. Is not subject to any secured interest or lien;
(v) The owner's signature and the date of the transaction;
(vi) The name and address of the business acquiring the vehicle;
(vii) The National Motor Vehicle Title Information System identification number; and
(viii) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation.
(c) The used motor vehicle parts dealer or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (b) of this subsection (1) to the Department of Revenue within seventy-two (72) hours of the completion of the transaction, requesting that the department cancel the Mississippi certificate of title and registration. In lieu of mailing, the used motor vehicle parts dealer or scrap metal processor may electronically submit the information contained in the statement via an Internet-based system to be developed by the department.
(d) The used motor vehicle parts dealer or scrap metal processor shall retain a copy of all documents required by this section for a period of two (2) years from the date of the transaction.
(2) For the purpose of
requesting a clear title or a branded title on a vehicle with a salvage
certificate of title, every owner of a vehicle that has been issued a salvage
certificate of title in this state or any other state which has been restored
in this state to its operating condition which existed prior to the event which
caused the salvage certificate of title to be issued shall make application to
the Department of Revenue, accompanied by a certificate of inspection issued by
the Department of Public Safety in the form and content specified in Section 63-21-15(5)
and the payment of a fee of Seventy-five Dollars ($75.00) for each motor
vehicle for which a certificate of inspection is issued. All such monies shall
be collected by the Department of Public Safety and paid to the State Treasurer
for deposit in a special fund that is hereby created in the State Treasury to
be known as the "Salvage Certificate of Title Fund." Monies in the special
fund may be expended by the Department of Public Safety, upon appropriation by
the Legislature. The Department of Revenue shall establish by regulation the
minimum requirements by which a vehicle which has been issued a salvage
certificate of title may be issued a * * * new title.
(3) Before a * * *
branded title may
be issued for a vehicle for which a salvage certificate of title has been
issued, the applicant shall submit, by hand delivery or mail, such documents
and information to the Department of Public Safety as the department may
require for the purpose of determining if the vehicle complies with the
requirements of this section and all applicable regulations promulgated by the
Commissioner of Public Safety and the Department of Revenue. The Department of
Public Safety also may require that an applicant bring a vehicle for which
application for a clear title or a branded title is being made to a Highway
Patrol facility for a visual inspection whenever the department deems that a
visual inspection is necessary or advisable. Nothing in this section shall be
construed to prohibit inspectors of the Mississippi Highway Patrol from
conducting on-site inspections and investigations of motor vehicle rebuilders
or motor vehicle repair businesses to determine if such businesses are in
compliance with all applicable laws relating to the motor vehicle title laws of
this state and regulations promulgated by the Commissioner of Public Safety and
the Department of Revenue.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.
