2004 Regular Session
To: Business and Financial Institutions
By: Senator(s) White
AN ACT TO PROVIDE THAT SALES OF MOTOR VEHICLES AT A SALVAGE POOL, SALVAGE DISPOSAL SALE OR THROUGH AN INSURANCE COMPANY SHALL BE OPEN ONLY TO PERSONS POSSESSING A VALID MISSISSIPPI BUYER'S IDENTIFICATION CARD; TO PROVIDE THAT BUYER'S IDENTIFICATION CARDS TO BID OR BUY MOTOR VEHICLES AT SALVAGE POOLS, SALVAGE DISPOSAL SALES OR THROUGH INSURANCE COMPANIES, SHALL BE AVAILABLE TO USED MOTOR VEHICLE DEALERS OR AUTOMOBILE DISMANTLERS WHO POSSESSES A MOTOR VEHICLE DEALER TAG PERMIT ISSUED UNDER THE MOTOR VEHICLE DEALER TAG PERMIT LAW AND THE EMPLOYEES OF SUCH BUSINESSES; TO PROVIDE THAT BUYER'S IDENTIFICATION CARDS SHALL BE ISSUED BY THE STATE TAX COMMISSION; TO PROVIDE THE FORM OF SUCH CARDS AND THE FEE CHARGED BY THE STATE TAX COMMISSION FOR THE ISSUANCE OF SUCH CARDS; TO MAKE IT THE DUTY OF THE OWNER, MANAGER OR PERSON IN CHARGE OF ANY SALVAGE POOL OR SALVAGE DISPOSAL SALE, TO PROHIBIT BIDDING BY ANY PERSON WHO DOES NOT DISPLAY A BUYER'S IDENTIFICATION CARD, TO REFUSE TO SELL TO ANY PERSON ANY WRECKED OR REPAIRABLE MOTOR VEHICLE IF THE PERSON DOES NOT DISPLAY A VALID BUYER'S IDENTIFICATION CARD, AND TO PROHIBIT ANY PERSON WITHOUT A VALID BUYER'S IDENTIFICATION CARD TO BE PRESENT AT THE BIDDING SITE DURING A SALE; TO REQUIRE THE OWNER, MANAGER OR PERSON IN CHARGE OF A SALVAGE POOL OR SALVAGE DISPOSAL SALE SHALL KEEP A REGISTER OF ALL SALES OF MOTOR VEHICLES FOR THREE YEARS FROM THE DATE OF SALE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Sales of motor vehicles at a salvage pool, salvage disposal sale or through an insurance company shall be open only to persons possessing a valid Mississippi buyer's identification card to buy such motor vehicles as provided in this section.
(2) (a) Buyer's identification cards to bid or buy motor vehicles at salvage pools, salvage disposal sales or through insurance companies, shall be available to:
(i) Any used motor vehicle dealer or automobile dismantler who possesses a motor vehicle dealer tag permit issued under the Motor Vehicle Dealer Tag Permit Law; and
(ii) Employees of used motor vehicle dealers and automobile dismantlers who possess a motor vehicle dealer tag permit issued under the Motor Vehicle Dealer Tag Permit Law and who are designated by such dealer or dismantler.
(b) Buyer's identification cards shall be issued by the State Tax Commission on a form prescribed by the State Tax Commission and shall contain the name, address, driver's license number, the permit number of the used motor vehicle dealer or automobile dismantler, physical description of the applicant, signature of the applicant, the name and address of the employer of the applicant and such other information as the State Tax Commission may require.
(c) The fee charged by the State Tax Commission for a buyer's identification card shall be Twenty-five Dollars ($25.00) for residents of Mississippi, and Two Hundred Dollars ($200.00) for out-of-state residents.
(d) Buyer's identification card shall be renewed annually for the fee prescribed in paragraph (a) of this subsection.
(3) It shall be the duty of the owner, manager or person of any salvage pool or salvage disposal sale, to:
(a) Prohibit bidding by any person who does not display a buyer's identification card;
(b) Refuse to sell to any person any wrecked or repairable motor vehicle if the person does not display a valid buyer's identification card; and
(c) Prohibit any person without a valid buyer's identification card to be present at the bidding site during a sale; however, the holder of a buyer's identification card may be accompanied by a mechanic or other technical expert of his choice.
(4) (a) The owner, manager or person in charge of a salvage pool or salvage disposal sale shall keep a register of all sales of motor vehicles for three (3) years from the date of sale, showing the make, model, year, body style, vehicle identification number, odometer reading and the name and address of the seller and buyer. In addition, the sale transaction register shall contain the buyer's identification number of the buyer of the vehicle.
(b) The register shall be made available for inspection by law enforcement officers and agents of the State Tax Commission at the salvage pool or salvage disposal sale business location during regular business hours.
SECTION 2. This act shall take effect and be in force from and after July 1, 2004.