Bill Text: MS HB338 | 2014 | Regular Session | Introduced
Bill Title: Motor vehicles; establish requirements for leased and rent-to-own vehicle registration, titles and liability insurance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB338 Detail]
Download: Mississippi-2014-HB338-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Insurance; Judiciary A
By: Representative Moak
House Bill 338
AN ACT TO AMEND SECTION 63-15-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "MOTOR VEHICLE" TO INCLUDE LEASED VEHICLES AND RENT-TO-OWN VEHICLES; TO DEFINE THOSE TERMS; TO AMEND SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO REQUIRE INSURANCE COMPANIES THAT PROVIDE MOTOR VEHICLE LIABILITY INSURANCE ON MOTOR VEHICLES REGISTERED IN THE STATE TO PROVIDE THE DEPARTMENT OF PUBLIC SAFETY WITH DESCRIPTIONS OF THE COVERED VEHICLES AND TO NOTIFY THE DEPARTMENT OF PUBLIC SAFETY WHEN A MOTOR VEHICLE LIABILITY INSURANCE POLICY LAPSES; TO PROVIDE THAT IF THE DEPARTMENT OF PUBLIC SAFETY IS UNABLE TO VERIFY THE EXISTENCE OF MOTOR VEHICLE LIABILITY INSURANCE, THE DEPARTMENT SHALL NOTIFY THE OWNER OF THE VEHICLE OF THAT FACT; TO PROVIDE THAT THE PERSON TO WHOM THE NOTICE IS ADDRESSED SHALL HAVE THIRTY DAYS AFTER RECEIPT OF THE NOTICE TO PROVIDE PROOF OF MOTOR VEHICLE LIABILITY INSURANCE FOR THE MOTOR VEHICLE IN QUESTION; TO PROVIDE THAT IF THE PERSON FAILS TO PROVIDE PROOF OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE WITHIN THE TIME PROVIDED, THE DEPARTMENT OF PUBLIC SAFETY SHALL SUSPEND THE REGISTRATION OF THE MOTOR VEHICLE AND THE PERSON'S DRIVER'S LICENSE UNTIL HE PROVIDES PROOF OF MOTOR VEHICLE LIABILITY INSURANCE FOR THE VEHICLE; TO REQUIRE THE REGISTERED OWNER, LESSEE OR RENTER TO MAINTAIN VEHICLE LIABILITY INSURANCE; TO AMEND SECTION 63-15-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A PERSON ALLOWS THE MOTOR VEHICLE LIABILITY INSURANCE TO LAPSE, THE DEPARTMENT OF PUBLIC SAFETY SHALL SUBJECT THE PERSON TO PENALTIES OF LAW AS PROVIDED UNDER THIS CHAPTER; TO AMEND SECTION 63-21-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "MOTOR VEHICLE" TO INCLUDE LEASED VEHICLES AND RENT-TO-OWN VEHICLES; TO DEFINE THOSE TERMS; TO AMEND SECTION 63-21-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AT THE TIME THE OPTION TO PURCHASE BECOMES AVAILABLE TO THE LESSEE OR RENTER, ANY PERSON TAKING OWNERSHIP SHALL APPLY TO THE DEPARTMENT OF REVENUE FOR A NEW TITLE THAT WILL DENOTE THE NEW STATUS OF OWNERSHIP; TO AMEND SECTION 63-21-19, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-15-3, Mississippi Code of 1972, is amended as follows:
63-15-3. The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(a) "Highway" means the entire width between property lines of any road, street, way, thoroughfare or bridge in the State of Mississippi not privately owned or controlled, when any part thereof is open to the public for vehicular traffic and over which the state has legislative jurisdiction under its police power.
(b) "Judgment" means any judgment which shall have become final by expiration, without appeal, of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.
(c) "Motor vehicle" means every self-propelled vehicle (other than traction engines, road rollers and graders, tractor cranes, power shovels, well drillers, implements of husbandry and electric personal assistive mobility device as defined in Section 63-3-103) which is designed for use upon a highway, including leased and rent-to-own vehicles, trailers and semitrailers designed for use with such vehicles, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails.
For purposes of this definition, "implements of husbandry" shall not include trucks, pickup trucks, trailers and semitrailers designed for use with such trucks and pickup trucks.
(d) "License" means any driver's, operator's, commercial operator's, or chauffeur's license, temporary instruction permit or temporary license, or restricted license, issued under the laws of the State of Mississippi pertaining to the licensing of persons to operate motor vehicles.
(e) "Nonresident" means every person who is not a resident of the State of Mississippi.
(f) "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of Mississippi pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in the State of Mississippi.
(g) "Operator" means every person who is in actual physical control of a motor vehicle.
(h) "Owner" means a person who holds the legal title of a motor vehicle; in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.
(i) "Person" means every natural person, firm, copartnership, association or corporation.
(j) "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident, and subject to said limit for one (1) person, in the amount of Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of Twenty-five Thousand Dollars ($25,000.00) because of injury to or destruction of property of others in any one (1) accident.
(k) "Registration" means a certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles.
(l) "Department" means the Department of Public Safety of the State of Mississippi, acting directly or through its authorized officers and agents, except in such sections of this chapter in which some other state department is specifically named.
(m) "State" means any state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.
(n) "Leased vehicle" means any motor vehicle owned by a leasing company and leased to an individual or company with an option to purchase the vehicle at the end of the lease agreement.
(o) "Rent-to-own vehicle" means a motor vehicle owned by a renting dealership who long-term rents the vehicle to an individual or company with an option to purchase the vehicle at the end of the rental contract.
SECTION 2. Section 63-15-4, Mississippi Code of 1972, is amended as follows:
63-15-4. (1) The following vehicles are exempted from the requirements of this section:
(a) Motor vehicles exempted by Section 63-15-5;
(b) Motor vehicles for which a bond or a certificate of deposit of money or securities in at least the minimum amounts required for proof of financial responsibility is on file with the department;
(c) Motor vehicles that are self-insured under Section 63-15-53; and
(d) Implements of husbandry.
(2) (a) Every motor vehicle operated in this state shall have an insurance card maintained in the motor vehicle as proof of liability insurance that is in compliance with the liability limits required by Section 63-15-3(j). The insured parties shall be responsible for maintaining the insurance card in each motor vehicle.
(b) An insurance company issuing a policy of motor vehicle liability insurance as required by this section shall furnish to the insured an insurance card for each motor vehicle at the time the insurance policy becomes effective. The insurance card may be furnished in either paper or electronic format as chosen by the insured. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of electronic device. Beginning on July 1, 2013, insurers shall furnish commercial auto coverage customers with an insurance card clearly marked with the identifier, "Commercial Auto Insurance" or "Fleet" or similar language, to reflect that the vehicle is insured under a commercial auto policy.
(3) Upon stopping a motor vehicle at a roadblock where all passing motorists are checked as a method to enforce traffic laws or upon stopping a motor vehicle for any other statutory violation, a law enforcement officer, who is authorized to issue traffic citations, shall verify that the insurance card required by this section is in the motor vehicle. However, no driver shall be stopped or detained solely for the purpose of verifying that an insurance card is in the motor vehicle unless the stop is part of such roadblock. If the law enforcement officer uses the verification system created in Section 63-16-3 and receives a response from the system verifying that the owner of the motor vehicle has liability insurance in the amounts required under Section 63-15-3(j), then the officer shall not issue a citation under this section notwithstanding any failure to display an insurance card by the owner or operator.
(4) Failure of the owner or the operator of a motor vehicle to have the insurance card in the motor vehicle is a misdemeanor and, upon conviction, is punishable by a fine of Five Hundred Dollars ($500.00) and suspension of driving privilege for a period of one (1) year or until the owner of the motor vehicle shows proof of liability insurance that is in compliance with the liability limits required by Section 63-15-3(j). Fraudulent use of an insurance card shall be punishable in accordance with Section 97-7-10. The funds from such fines shall be deposited in the State General Fund in the State Treasury. However, if such fines are levied in a municipal court, fifty percent (50%) of the funds from such fines shall be deposited in the general fund of the municipality. If such fines are levied in any of the courts of the county, fifty percent (50%) of the funds from such fines shall be deposited in the general fund of the county. A person convicted of a criminal offense under this subsection (4) shall not be convicted of a civil violation under Section 63-16-13(1) arising from the same incident.
(5) If, at the hearing date or the date of payment of the fine, the motor vehicle owner shows proof of motor vehicle liability insurance in the amounts required by Section 63-15-3(j), the fine shall be reduced to One Hundred Dollars ($100.00). If the owner shows proof that such insurance was in effect at the time of citation, the case shall be dismissed as to the defendant with prejudice and all court costs shall be waived against the defendant.
(6) (a) All insurance companies issuing motor vehicle liability insurance policies covering motor vehicles registered in the State of Mississippi shall provide the department with the effective dates of each policy and a description of the motor vehicles covered. The description of the motor vehicle shall include, but shall not be limited to, the vehicle identification number (VIN) and whether that motor vehicle is a leased vehicle or rent-to-own vehicle. If any motor vehicle liability insurance policy is canceled, terminated, withdrawn, allowed to lapse or otherwise made ineffective on any motor vehicle, then within fifteen (15) days of that occurrence, the insurance company shall notify the department that the motor vehicle is no longer covered by liability insurance.
(b) Upon receipt of the notification required under paragraph (a) of this subsection, the department shall search its records and determine whether it has on file any information indicating the existence of liability insurance for the motor vehicle. If the department's search of its records fails to show the existence of liability insurance for the motor vehicle, the department shall notify in writing the person who is the subject of the inquiry at his last known driver's license address and inform him that the department's records indicate that the motor vehicle in question is not covered by liability insurance. The person to whom the notice is addressed shall have thirty (30) days after receipt of the notice to respond and provide proof of motor vehicle liability insurance for the motor vehicle in question. If the person fails to provide proof of motor vehicle liability insurance coverage within the time provided, the department shall suspend the registration of the motor vehicle and the person's driver's license until he provides proof of motor vehicle liability insurance for the vehicle.
(7) It shall be the duty of the registered owner, lessee or renter of a motor vehicle to maintain the liability insurance required by this chapter. Failure to maintain the insurance shall subject the registered owner, lessee or renter to penalties of law as provided under this chapter.
SECTION 3. Section 63-15-35, Mississippi Code of 1972, is amended as follows:
63-15-35. (1) Whenever the department, under any law of this state, suspends or revokes the license of any person upon receiving record of a conviction or a forfeiture of bail, the department shall also suspend the registration for all motor vehicles licensed in the name of such person. However, the department shall not suspend such license, unless otherwise required by law, if such person has previously given or shall immediately give and thereafter maintain proof of financial responsibility with respect to all motor vehicles licensed by such person.
(2) Such license or licenses, as the case may be, shall remain suspended or revoked and shall not at any time thereafter be renewed nor shall any license be thereafter issued to such person until permitted under the motor vehicle laws of this state and not then unless and until he shall give and thereafter maintain proof of financial responsibility.
(3) If a person is not licensed, but by final order of judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of license, or for operating a motor vehicle upon the highways without being licensed to do so, no license shall thereafter be issued to such person until he shall give and thereafter maintain proof of financial responsibility.
(4) Whenever the department suspends or revokes a nonresident's operating privilege by reason of a conviction or forfeiture of bail, such privilege shall remain so suspended or revoked unless such person shall have previously given or shall immediately give and thereafter maintain proof of financial responsibility.
(5) Except as otherwise provided by this chapter, when the department, upon a search of its records, determines that a motor vehicle is not covered by required liability insurance or that the owner or lessee has allowed the required liability insurance to lapse, the department shall suspend the registration of the motor vehicle and such owner or lessee's driver's license until he provides proof of motor vehicle liability insurance.
SECTION 4. Section 63-21-5, Mississippi Code of 1972, is amended as follows:
63-21-5. The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section except where the context clearly indicates a different meaning:
(a) "State Tax Commission" or "department" means the Department of Revenue of the State of Mississippi.
(b) "Dealer" means every person engaged regularly in the business of buying, selling or exchanging motor vehicles, trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor vehicles in this state, and having in this state an established place of business as defined in Section 27-19-303, Mississippi Code of 1972. The term "dealer" shall also mean every person engaged regularly in the business of buying, selling or exchanging manufactured housing in this state, and licensed as a dealer of manufactured housing by the Mississippi Department of Insurance.
(c) "Designated agent" means each county tax collector in this state who may perform his duties under this chapter either personally or through any of his deputies, or such other persons as the Department of Revenue may designate. The term shall also mean those "dealers" as herein defined and/or their officers and employees and other persons who are appointed by the Department of Revenue in the manner provided in Section 63-21-13, Mississippi Code of 1972, to perform the duties of "designated agent" for the purposes of this chapter.
(d) "Implement of husbandry" means every vehicle designed and adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.
(e) "Vehicle identification number" means the numbers and letters on a vehicle, manufactured home or mobile home designated by the manufacturer or assigned by the Department of Revenue for the purpose of identifying the vehicle, manufactured home or mobile home.
(f) "Lien" means 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 other written agreement or instrument of whatever kind or character whereby an interest other than absolute title is sought to be held or given on a motor vehicle, manufactured home or mobile home.
(g) "Lienholder" means any natural person, firm, copartnership, association or corporation holding a lien as herein defined on a motor vehicle, manufactured home or mobile home.
(h) "Manufactured housing" or "manufactured home" means any structure, transportable in one or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such terms shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USCS, Section 5401.
(i) "Manufacturer" means any person regularly engaged in the business of manufacturing, constructing or assembling motor vehicles, manufactured homes or mobile homes, either within or without this state.
(j) "Mobile home" means any structure, transportable in one or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein and manufactured prior to June 15, 1976. Any mobile home designated as realty on or before July 1, 1999, shall continue to be designated as realty so that a security interest will be made by incorporating such mobile home in a deed of trust.
(k) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a farm tractor.
(l) "Motor vehicle" means every automobile, motorcycle, mobile trailer, semitrailer, truck, truck tractor, trailer, leased and rent-to-own vehicle, and every other device in, upon, or by which any person or property is or may be transported or drawn upon a public highway which is required to have a road or bridge privilege license, except such as is moved by animal power or used exclusively upon stationary rails or tracks.
(m) "New vehicle" means a motor vehicle, manufactured home or mobile home which has never been the subject of a first sale for use.
(n) "Used vehicle" means a motor vehicle, manufactured home or mobile home that has been the subject of a first sale for use, whether within this state or elsewhere.
(o) "Owner" means a person or persons holding the legal title of a vehicle, manufactured home or mobile home; in the event a vehicle, manufactured home or mobile home is the subject of a deed of trust or a chattel mortgage or an agreement for the conditional sale or lease thereof or other like agreement, with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the grantor in the deed of trust, mortgagor, conditional vendee or lessee, the grantor, mortgagor, conditional vendee or lessee shall be deemed the owner for the purpose of this chapter.
(p) "Person" includes every natural person, firm, copartnership, association or corporation.
(q) "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, boats or structural members capable generally of sustaining themselves as beams between the supporting connections.
(r) "Security agreement" means a written agreement which reserves or creates a security interest.
(s) "Security interest" means an interest in a vehicle, manufactured home or mobile home reserved or created by agreement and 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.
(t) "Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes, vehicles so constructed that they exceed eight (8) feet in width and/or thirteen (13) feet six (6) inches in height, and earth-moving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
(u) "Nonresident" means every person who is not a resident of this state.
(v) "Current address" means a new address different from the address shown on the application or on the certificate of title. The owner shall within thirty (30) days after his address is changed from that shown on the application or on the certificate of title notify the department of the change of address in the manner prescribed by the department.
(w) "Odometer" means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary instrument designed to be reset by the operator of the motor vehicle for the purpose of recording the distance traveled on trips.
(x) "Odometer reading" means the actual cumulative distance traveled disclosed on the odometer.
(y) "Odometer disclosure statement" means a statement certified by the owner of the motor vehicle to the transferee or to the department as to the odometer reading.
(z) "Mileage" means actual distance that a vehicle has traveled.
(aa) "Trailer" means every vehicle other than a "pole trailer" as defined in this chapter without motive power designed to be drawn by another vehicle and attached to the towing vehicle for the purpose of hauling goods or products. The term "trailer" shall not refer to any structure, transportable in one or more sections regardless of size, when erected on site, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein regardless of the date of manufacture.
(bb) "Salvage mobile home" or "salvage manufactured home" means a mobile home or manufactured home for which a certificate of title has been issued that an insurance company obtains from the owner as a result of paying a total loss claim resulting from collision, fire, flood, wind or other occurrence. The term "salvage mobile home" or "salvage manufactured home" does not mean or include and is not applicable to a mobile home or manufactured home that is twenty (20) years old or older.
(cc) "Salvage certificate of title" means a document issued by the department for a salvage mobile home or salvage manufactured home as defined in this chapter.
(dd) "All-terrain vehicle" means a motor vehicle that is designed for off-road use and is not required to have a motor vehicle privilege license.
(ee) "Leased vehicle" means any motor vehicle owned by a leasing company and leased to an individual or company with an option to purchase the vehicle at the end of the lease agreement.
(ff) "Rent-to-own vehicle" means a motor vehicle owned by a renting dealership who long-term rents the vehicle to an individual or company with an option to purchase the vehicle at the end of the rental contract.
SECTION 5. 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 * * *, used, leased or rent-to-own;
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 clear title or
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 * * *
department, then the * * *
department 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.
(11) At the time the option to purchase a motor vehicle becomes available at the end of the lease agreement or rental contract, any lessee or renter taking ownership shall apply to the Department of Revenue for a new title, as provided by Section 63-21-37, in order that the change in ownership status of the vehicle will be properly reflected.
SECTION 6. Section 63-21-19, Mississippi Code of 1972, is amended as follows:
63-21-19. (1) Each
certificate of title issued by the * * * Department of Revenue
shall contain:
(a) The date issued;
(b) The name and current address of the owner;
(c) The names and addresses of the first two (2) 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;
(d) The title number;
(e) A description of
the vehicle, manufactured home or mobile home, including the following data, if
applicable: year, make, model, vehicle identification number, type of body,
number of cylinders, whether new * * *, used, leased or rent-to-own,
odometer reading, a statement which qualifies mileage according to the odometer
disclosure certified by the transferor and, if a new vehicle, the date of the
first sale of the vehicle for use; and
(f) Any other data the * * * Department of Revenue
prescribes.
(2) Unless security is
furnished as provided in subsection (b) of Section 63-21-23, Mississippi Code
of 1972, a distinctive certificate of title shall be issued for a vehicle,
manufactured home or mobile home last previously registered in another state or
country the laws of which do not require that lienholders be named on a
certificate of title to perfect their security interests. The certificate
shall contain the legend "This vehicle, manufactured home or mobile home
may be subject to an undisclosed lien" and may contain any other
information the * * * Department of Revenue prescribes. If no
notice of a security interest in the vehicle, manufactured home or mobile home
is received by the * * * Department of Revenue within four (4) months
from the issuance of the distinctive certificate of title, the * * * Department of Revenue
shall, upon application and surrender of the distinctive certificate, issue a
certificate of title in ordinary form.
(3) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, the naming of a lienholder and the assignment or release of the security interest of a lienholder.
(4) A certificate of title
issued by the * * * Department of Revenue is prima facie evidence
of the facts appearing on it.
(5) A certificate of title for a vehicle, manufactured home or mobile home is not subject to garnishment, attachment, execution or other judicial process. However, this paragraph shall not prevent a lawful levy upon the vehicle, manufactured home or mobile home.
SECTION 7. This act shall take effect and be in force from and after July 1, 2014.
