MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Wildlife and Fisheries

By: Senator(s) Posey

AN ACT TO AMEND SECTION 59-25-1, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DEFINITION OF MOTOR FOR CERTIFICATES OF TITLES FOR BOATS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 59-25-1, Mississippi Code of 1972, is amended as follows:

59-25-1. The following words, as used in this chapter, shall have the following meanings:

(a) "Certificate of origin" means the document provided by the manufacturer of a new vessel, or its distributor, which is the only valid indication of ownership between the manufacturer, its distributor, its franchised new vessel dealers and the original purchaser.

(b) "Dealer" means any person engaged wholly or in part in the business of selling or offering for sale, buying or taking in trade for the purpose of resale, or exchanging, displaying, demonstrating or offering for sale vessels or motors, and who receive or expect to receive money, profit or any other thing of value.

(c) "Department" means the Department of Wildlife, Fisheries and Parks.

(d) "Documented vessel" means a vessel documented under 46 U.S.C., Chapter 121.

(e) "Lienholder" means a person holding a security interest.

(f) "Manufacturer" means any person engaged in the manufacture, construction or assembly of vessels, or their importation into the United States, for the purpose of sale or trade.

(g) "Motor" means any type of outboard device providing motorized propulsion for vessels operated by any type fuel.

(h) "Operate" means to navigate or otherwise use a vessel.

(i) "Owner" means a person, other than a lienholder, having the property in or title to a vessel or motor. The term includes a person entitled to the use or possession of a vessel or motor subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.

(j) "Person" means an individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity and includes a trustee, receiver, assignee or similar representative of any of them.

(k) "Security interest" means an interest which is reserved or created by an agreement which secures payment or performance of an obligation and is valid against third parties generally.

(l) "State of principal operation" means the state on whose waters a vessel is used or to be used most during a calendar year.

(m) "Titling authority" means a state whose vessel titling system has been certified by the Coast Guard as complying with the guidelines for state vessel titling systems listed in 33 CFR, Part 187.

(n) "Use" means to operate, navigate or employ a vessel. A vessel is in use whenever it is upon the water.

(o) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water, that is required to be numbered in accordance with the Mississippi Boating Law, Chapter 21 of Title 59, Mississippi Code of 1972.

SECTION 2. This act shall take effect and be in force from and after its passage.