Bill Text: MS HB400 | 2013 | Regular Session | Introduced
Bill Title: Motor vehicle titles; delete authority for issuance of clear title to vehicle with a salvage certificate of title.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB400 Detail]
Download: Mississippi-2013-HB400-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Insurance; Ways and Means
By: Representative Moak
House Bill 400
AN ACT TO AMEND SECTION 63-21-39, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY FOR THE ISSUANCE OF A CLEAR TITLE FOR A VEHICLE FOR WHICH A SALVAGE CERTIFICATE OF TITLE HAS BEEN ISSUED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 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 * * * 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. * * *
(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 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 2. This act shall take effect and be in force from and after July 1, 2013.
