Bill Text: MS HB461 | 2010 | Regular Session | Introduced

Mississippi House Bill 461 (Prior Session Legislation)

Introduced

Bill Title: Motor vehicles; prohibit destruction of without prior notice to lienholder.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2010-02-02 - Died In Committee [HB461 Detail]

Download: Mississippi-2010-HB461-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Transportation; Ways and Means

By: Representative Moak

House Bill 461

AN ACT TO PROHIBIT MOTOR VEHICLE DISMANTLERS AND CRUSHERS FROM DESTROYING MOTOR VEHICLES BEFORE NOTIFYING ANY VEHICLE LIENHOLDERS; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; TO PROVIDE THAT THE STATE TAX COMMISSION SHALL INVESTIGATE AND PROSECUTE VIOLATORS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Before any person, firm or corporation may dismantle, crush or otherwise destroy a motor vehicle, he or it shall determine if any lien exists upon the motor vehicle by verifying the vehicle's title status with the State Tax Commission, and shall notify any lienholders by certified mail. A lienholder has seven (7) days after receipt of notice to claim a motor vehicle. A reasonable effort shall be made to identify and notify any lienholder.

(2) Any person, firm or corporation who violates the provisions of subsection (1) of this section, upon conviction, shall be punished as follows:

(a) For a first offense by a fine of One Hundred Dollars ($100.00) per occurrence;

(b) For a second offense committed within three (3) years by a fine of Five Hundred Dollars ($500.00) per occurrence; and

(c) For a third or later offense committed within three (3) years of a previous offense One Thousand Dollars ($1,000.00) per occurrence, the revocation of any business license for one (1) year and by imprisonment for not more than six (6) months.

(3) The State Tax Commission shall investigate and prosecute violators of this section. The commission may use the assistance of any law enforcement agency to carry out the provisions of this section. The tax collectors of the counties and any person appointed under the authority of Section 63-21-13(3) shall assist the commission in performing its duties under this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.