Senate Amendments to House Bill No. 1589
TO THE CLERK OF THE HOUSE:
THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 63-21-16, Mississippi Code of 1972, is amended as follows:
63-21-16. (1) All designated
agents appointed by the department * * * under Section 63-21-13 * * * may electronically transmit
to the department * * *
information entered by them on applications for a certificate of title given in
connection with the sale or transfer of a motor vehicle, manufactured home or mobile
home or a loan for which the owner's motor vehicle, manufactured home or mobile
home is pledged to that institution as collateral for the loan. The format and
the data required to be transmitted shall be established by the department * * *. Transmission of data shall meet minimum
criteria and edits established by the department * * * equal to any edit presently existing
in the statewide title registration system, or as may be established, to which the
county tax collectors shall also conform. All data transmitted must successfully
pass edits established by the department * * *, including lienholder name, mailing
address and lienholder account number assigned to a lienholder by the department * * * to identify the lienholder, for the
purpose of causing the data to appear in the certificate of title for which the
application is made.
(2) It shall be the responsibility of the designated agent to verify all data before it is electronically transmitted. It shall also be the responsibility of the designated agent to ensure that the required certification of designated agent and the certification of statement of facts that are contained on the application for certificate of title appear above the signatures of both the owner and the authorized representative of the designated agent. Data which cannot be transmitted because of error shall be corrected by the designated agent when the statewide title registration system indicates that the data is erroneous or is not valid for the purposes of titling the motor vehicle, manufactured home or mobile home or for transfer of the data.
(3) When an institution has agreed to loan money for the purchase of a motor vehicle, manufactured home or mobile home, the institution shall complete an application for certificate of title or require the borrower to provide to the institution the copy of the application for certificate of title contained in the application packet which is designated "Lienholder's Copy" according to provisions of the Motor Vehicle and Manufactured Housing Title Law, which the owner will receive from the county tax collector or any designated agent upon completion of the application for title and registration process.
(4) An application for certificate of title originating from a designated agent shall be entered on the statewide title registration system by the originating lending institution when the transaction is for the purpose of perfecting the institution's interest in a vehicle, manufactured home or mobile home currently owned or purchased by the applicant, in connection with application for certificate of title or the purchase of a license tag or both.
(5) When an institution in this state adds a second lien on a certificate of title in possession of a first lienholder institution in this state, the second lienholder institution seeking to be shown on the certificate of title shall:
(a) Prepare the application for certificate of title in accordance with the requirements of Sections 63-21-15 and 63-21-45(1)(c);
(b) Obtain all required signatures; and
(c) Forward the completed
application for certificate of title to the first lienholder together with any necessary
remittance advice, a check for the title fee payable to the department * * * and a cover letter to the first lienholder
requesting that the first lienholder attach the certificate of title to the required
documents sent by the second lienholder and then forward the application, certificate
of title and required documents to the department * * *.
(6) Upon receipt of the application
for certificate of title from the second lienholder institution to record the second
lien, the first lienholder institution shall compare the data contained in the application
for certificate of title to the information contained in the original certificate
of title. If the first lienholder institution is satisfied as to the ownership,
accuracy and order of priority of liens as shown in the application, it shall enter
the data contained on the application for certificate of title prepared by the second
lienholder on the statewide title registration system, including the designated
agent number of the second lienholder. After entering the data from the application
for certificate of title, the first lienholder institution shall immediately forward
the application for certificate of title with the certificate of title attached
to the application, the remittance advice and the second lienholder's check for
the title fee to the department * * * within three (3) working days.
(7) In an assignment of lien
pursuant to Section 63-21-47, the assignee shall receive the notice of assignment
along with the current title attached and with the assignors interest open. The
assignee lienholder shall prepare an application for certificate of title according
to the notice of assignment, showing the assignee institution as the lienholder,
and then shall electronically transmit the data to the department * * *. The completed application shall be
forwarded to the department * * * within three (3) working days.
(8) The department * * *, upon receipt of applications for certificate
of title, shall verify the data by accessing it on the statewide title registration
system by the title application control number appearing on the application for
title. After receiving verification that is satisfactory to the department * * * that the data necessary for the issuance
of a new certificate of title exists, the department * * * shall issue a new certificate of title
that records the interests of all the parties named in the application for certificate
of title.
(9) Designated agents shall
be connected to the statewide title registration system for the purpose of electronic
transfer of applications for certificate of title data in the order of priority
established by the department * * *.
(10) If a participating designated
agent fails to comply with the provisions of this section or the rules adopted by
the department * * *
to implement this section, the department * * * may impose a penalty of Twenty-five
Dollars ($25.00) for each instance of noncompliance. Any penalty imposed under
this section not paid within thirty (30) days after a notice is given shall be subject
to collection from the bond of the designated agent that is required to be provided
under the provisions of Section 63-21-13(3). The penalty provided shall also be
assessable, due and collectible from any licensed motor vehicle dealer or manufactured
home or mobile home dealer for failure to accept an application for certificate
of title for each and every vehicle, manufactured home or mobile home he sells to
a consumer. These penalties shall be cumulative, supplemental and in addition to
the penalties provided by any other law.
(11) This section shall apply
to all designated agents appointed by the department * * * under Section 63-21-13, that choose
to electronically transmit information on applications for certificates of title
to the department * * *.
This section shall not apply to other designated agents.
(12) Notwithstanding the foregoing,
the department * * *
shall not issue a certificate of title to a manufactured home or mobile home with
respect to which title has been retired to real property under Section 63-21-30
unless with respect to the same manufactured home or mobile home title has been
severed from real property pursuant to Section 63-21-30.
(13) Notwithstanding any requirement
in this chapter that a lien on a motor vehicle or manufactured home shall be noted
on the face of the certificate of title, if there are one or more liens or encumbrances
on the motor vehicle or manufactured home, the department * * * may electronically transmit the lien
to the first lienholder and notify the first lienholder of any additional liens.
Subsequent lien satisfactions may be electronically transmitted to the department * * * and shall include the name and address
of the person satisfying the lien. When electronic transmission of liens and lien
satisfactions is used, a certificate of title need not be issued until the last
lien is satisfied and a clear certificate of title is issued to the owner of the
motor vehicle or manufactured home. When a motor vehicle is subject to an electronic
lien, the certificate of title for the motor vehicle shall be considered to be physically
held by the lienholder for purposes of compliance with state or federal odometer
disclosure requirements. A duly certified copy of the department * * *'s electronic record of the lien shall
be admissible in any civil, criminal, or administrative proceeding in this state
as evidence of the existence of the lien.
(14) Any lienholder with a federal Employer Identification Number (EIN) must electronically transmit the satisfaction and release and discharge of a lien on a motor vehicle to the department not later than fourteen (14) days after the date of satisfaction of the lien. The failure of any such lienholder to comply with the requirements of this subsection shall be a violation of this chapter. Any such lienholder who knowingly and willfully fails to transmit the satisfaction and release and discharge of a lien on a motor vehicle within fourteen (14) days after the date of the satisfaction of the lien shall be in violation of this section, and subject to a civil penalty of up to Two Hundred Fifty Dollars ($250.00) per violation, which shall be in addition to any other penalty provided in this chapter. In addition, the lienholder shall be liable for any attorney's fees, legal fees and/or other fees and costs incurred by a person in any action necessary to discharge and/or release a lien or otherwise affecting a lien for which the lienholder failed to transmit the required information.
(15) Notwithstanding any other provision of this chapter to the contrary, if a lien on a motor vehicle is older than eight (8) years from the date the lien was placed on the motor vehicle, the lien shall be recorded by the department in the automated statewide motor vehicle registration system as having been satisfied and released and discharged, unless annually recertified by the lienholder by utilizing the format and transmitting the data required by the department.
SECTION 2. Section 63-21-18, Mississippi Code of 1972, is amended as follows:
63-21-18. The Mississippi
Department of Information Technology Services shall provide equipment for the
operation and maintenance of the automated statewide motor vehicle,
manufactured housing and mobile home registration system by the * * * department.
The automated statewide
motor vehicle, manufactured housing and mobile home registration system shall
provide for computer terminals and printers, as authorized by the * * * Department of Information Technology
Services, to be located in the quantity necessary in each county seat tax
collector's office and any other office in which more than fifty percent (50%)
of the motor vehicle registrations in the county are made.
All county tax collectors shall
participate in such system as it applies to Chapter 19, Title 27; Chapter 51,
Title 27; Chapter 21, Title 63; Mississippi Code of 1972, in accordance with rules
and regulations promulgated by the * * * department. Such
rules and regulations shall provide that counties which have an existing computer
system designed to produce registration data may elect to use such existing
system to communicate title/registration data to the * * * department through the
computer furnished by the state as hereinabove provided in this section. If
the * * * department finds and determines that a county has
failed to successfully establish or update title/registration data into the
statewide vehicle, manufactured housing and mobile home title/registration
system, either through use of equipment supplied by the * * * department or through
the interfacing between the network system and county computer equipment, the * * * department shall
thereafter cause to be withheld the county's homestead exemption reimbursement
monies, except for school districts and municipalities, until such time as the
county has complied with this provision. Such monies as are withheld from a county
for failure to comply with this provision shall be placed into a special escrow
account to be established in the State Treasury. Once the county achieves
compliance by successfully establishing or updating title/registration data into
the statewide vehicle, manufactured housing and mobile home title/registration
system, then the * * *
department shall cause to be released to the county all funds held in
escrow on the county's behalf during the period of noncompliance. All interest
earned shall accrue to the benefit of the county on any funds placed in an
escrow account. Any cost involved in interfacing between existing county computer
systems and the state-provided computer shall be paid by the county.
The computer terminals and
printers placed in each county tax collector's office may be utilized to
provide additional computer functions as authorized by the * * * Department of Information Technology
Services.
The State Fiscal Officer
shall issue his warrants to the State Treasurer for the expenditures for the
implementation and maintenance of the system upon requisitions signed by the * * * Commissioner
of Revenue, as authorized by the Legislature.
It is the intent of the
Legislature that the operation of the statewide motor vehicle, manufactured
housing and mobile home title registration system shall be the responsibility
of the * * *
department.
The * * * department shall provide
for the transfer of motor vehicle, manufactured housing and mobile home title
and lien registration information to the * * * department by electronic
means from banks and other lending institutions as provided in Section 63-21-18.
The * * *
Department of Information Technology Services shall cooperate with the * * * department in
implementing the provisions of Section 63-21-18, and shall provide the * * * department with whatever
assistance the * * *
department needs to carry out the provisions of Section 63-21-18.
A used motor vehicle parts dealer or scrap metal processor must utilize the department's automated statewide motor vehicle registration system for the purpose of complying with the requirements of Section 63-21-39(1)(a).
SECTION 3. 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 * * * to be mailed or delivered to the department * * * for cancellation. A certificate of
title of the vehicle shall not again be issued except upon application containing
the information the department * * * 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. Before a
used motor vehicle parts dealer or scrap metal processor may purchase or
receive a motor vehicle from the owner or authorized agent of the owner of the motor
vehicle for the purpose of scrapping, dismantling or destroying the motor vehicle,
the used motor vehicle parts dealer or scrap metal processor must verify
under Section 63-21-18 the absence of any lien on the motor vehicle. If a lien
exists on the motor vehicle, the used motor vehicle parts dealer or scrap
metal processor may not purchase or receive the motor vehicle for the purpose of
scrapping, dismantling or destroying the vehicle, and may not purchase or receive
the motor vehicle for such purposes during any time for which a lien exists on the
motor vehicle.
(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 * * * in accordance with paragraph (a) of
this subsection, 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 statement that the vehicle shall never be titled again; it must be dismantled or scrapped;
(ii) A description of the vehicle including the year, make, model and vehicle identification number;
(iii) The name, address, and driver's license number, nondriver identification card number or tribal identification card number of the owner;
(iv) 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;
(v) A certification that the vehicle:
1. Is at least ten (10) model years old; and
2. Is not subject to any security interest or lien;
(vi) An acknowledgment that the owner and buyer of the vehicle realizes this form will be filed with the department and that:
1. It is a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment for not more than six (6) months, or both, for conviction of a first offense of knowingly falsifying any information on this statement; and
2. It is a felony, punishable by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or imprisonment for not less than one (1) year nor more than five (5) years, or both, for conviction of a second or subsequent offense of knowingly falsifying any information on this statement;
(vii) The owner's signature and the date of the transaction;
(viii) The name and address of the business acquiring the vehicle;
(ix) The National Motor Vehicle Title Information System identification number; and
(x) 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) Until
such time as the department makes available an Internet-based system, 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 * * * within three (3) business days of the
completion of the transaction, requesting that the department cancel the Mississippi
certificate of title and registration. Once the department
develops an Internet-based system, the used motor vehicle parts dealer or scrap
metal processor shall utilize such system and within two (2) business days electronically
submit the information contained in the statement using that system.
(d) Within two (2) business days of each day's close of business, the used motor vehicle parts dealer or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver in a format approved by the department, by electronic means once developed and made available by the department, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information:
(i) The name, address and contact information for the reporting entity;
(ii) The vehicle identification numbers of such vehicles;
(iii) The dates such vehicles were obtained;
(iv) The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only;
(v) A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes;
(vi) A statement of whether the vehicle is intended for export out of the United States; and
(vii) The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle.
In addition, the used motor vehicle parts dealer or scrap metal processor must certify compliance with the requirements of Section 63-21-39(1)(a).
(e) (i) For purposes of this subsection, the term "motor vehicle" shall not include a vehicle which has been crushed or flattened by mechanical means such that it is no longer the motor vehicle as described by the certificate of title, or such that the vehicle identification number is no longer visible or accessible.
(ii) In cases in which crushed or flattened vehicles are purchased or received, the purchasing or receiving used motor vehicle parts dealer or scrap metal processor shall verify that the seller has reported the vehicles in accordance with this subsection. Such verification may be in the form of a certification from the seller or a contract between the seller and the purchasing or receiving used motor vehicle parts dealer or scrap metal processor attesting to the seller's compliance with the reporting requirements of this subsection. Such verification must clearly identify the seller by a government issued photograph identification card or employer identification number, and the verification and copy of the identification card or number shall be maintained by the purchasing or receiving used motor vehicle parts dealer or scrap metal processor for a period of not less than two (2) years.
(f) The information obtained by the department in accordance with paragraph (d) of this subsection (1) shall be reported to the National Motor Vehicle Title Information System, in a format that will satisfy the requirement for reporting this information, in accordance with rules adopted by the United States Department of Justice in 28 CFR 25.56.
(g) Until such time as the department develops and makes available the internet-based system described in paragraph (d) of this subsection, the used motor vehicle parts dealer or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver the information required by paragraph (d) to the National Motor Vehicle Title Information System through any data consolidator approved by such system, within forty-eight (48) hours of the day the vehicle was purchased or acquired by such used motor vehicle parts dealer or scrap metal processor which shall satisfy the requirements of paragraph (d).
(h) The information obtained by the department in accordance with paragraph (d) of this subsection (1) shall be made available only to law enforcement agencies and for purposes of canceling certificates of title. The information shall otherwise be considered to be confidential business information of the respective reporting entities.
(i) All records required under the provisions of this subsection shall be maintained for a period of two (2) years by the reporting entity and shall include a scanned or photocopied copy of the seller's or seller's representative's driver's license or state-issued identification card or other valid form of identification.
(j) A person who knowingly and willfully violates this subsection (1), or any person who knowingly and willfully falsifies or assists another person in falsifying the statement or information required under paragraph (b) or (d) of this subsection, or any person who knowingly and willfully sells a vehicle upon which there is an unsatisfied lien or security interest, or who purchases a vehicle without complying with either paragraph (a) or (b) of this subsection and who knowingly and willfully destroys or dismantles a vehicle upon which he knows that there is an unsatisfied lien or security interest shall:
(i) Be guilty of a misdemeanor, punishable by a fine not more than One Thousand Dollars ($1,000.00) or imprisonment for not more than six (6) months, or both, for conviction of a first offense; or
(ii) Upon conviction of a second or subsequent offense, a felony, punishable by imprisonment for not less than one (1) year nor more than five (5) years or a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or both.
In addition, the court may order each person convicted to pay restitution to any party suffering monetary loss in the amount of such loss. No part of any sentence imposed by the court shall be suspended unless such restitution has been paid in full.
(k) A person who knowingly
and willfully fails to deliver the title as required under paragraph (a) of this
subsection, or the statement required under paragraph (b) of this
subsection to the department * * * within seventy-two (72) hours of the
completion of the transaction, or who, until such time as the department
develops and makes available the Internet-based system described in paragraph (d),
fails to deliver the information required by paragraph (d) to the National Motor
Vehicle Title Information System through any data consolidator approved by such
system, within two (2) business days of the day the vehicle was purchased or acquired
by such used motor vehicle parts dealer or scrap metal processor shall be in violation
of this section, and subject to a civil penalty of up to One Thousand Dollars ($1,000.00)
per violation. Actions to impose this penalty may be brought by any local or state
law enforcement agency, district attorney, or by the Attorney General, in any court
of competent jurisdiction. One-half (1/2) of the monies generated from such civil
penalties shall be deposited in a special fund created in the State Treasury for
use by the department * * *'s Title Bureau, and one-half (1/2) of the monies generated
from such civil penalties shall be deposited in the general fund of the municipality
if the suit was brought in a municipal court, or in the general fund of the county
if the suit was brought in the court of a county.
(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 * * *, 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. In addition, the Department
of Public Safety may charge such a person a fee in the amount of Twenty-five Dollars
($25.00) for performing any vehicle identification number verification required
by federal law or regulation for the vehicle for which the person is applying for
a title. 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 hereby 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. The department * * * shall establish by regulation the minimum
requirements by which a vehicle which has been issued a salvage certificate of title
may be issued a branded title.
(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 * * *.
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 * * *.
SECTION 4. Section 63-21-65, Mississippi Code of 1972, is amended as follows:
63-21-65. The department * * * shall deposit the fees collected under this chapter
into a special fund that is created in the State Treasury to be known as the
"Motor Vehicle Title and Registration Enforcement Fund" to the credit
of the department. The fund shall consist of monies appropriated by the
Legislature for the enforcement of this chapter and funds from fees and fines
authorized under Sections 63-21-16 and 63-21-39. As much of
those fees as appropriated by the Legislature shall only be used by the
department to defray the cost of carrying out the duties of the department and
to defray expenses for enforcement officers' salaries and fringe benefits and
other costs to implement and enforce the provisions of this chapter, including
the maintenance of the automated statewide motor vehicle and manufactured housing
registration system. Unexpended amounts remaining in the fund at the end of
a fiscal year shall not lapse into the State General Fund, and any interest
earned or investment earnings on amounts in the fund shall be deposited to the
credit of the fund.
SECTION 5. Section 63-21-75, Mississippi Code of 1972, is amended as follows:
63-21-75. (1) (a) The
department * * * of Revenue is charged with the enforcement of the
provisions of this chapter and * * * is * * *
authorized and empowered to:
(i) Employ the necessary employees and sworn law enforcement officers to administer the enforcement of the laws prescribed under this chapter; and
(ii) Call upon
any and all law enforcement agencies and officers of this state for * * * any
assistance as it may deem necessary in order to assure such enforcement.
(b) It shall be
the duty of * * * the enforcement officers of the department,
law enforcement agencies and officers to render * * *
assistance to the department * * * when called upon by the department
to so do.
(2) The Commissioner of Revenue or his designated appointee may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter. For the purpose of the administration and enforcement of this chapter, the Commissioner of Revenue, or his designated appointee, and enforcement employees have the powers of a peace officer of this state.
SECTION 6. This act shall take effect and be in force from and after January 1, 2025, and shall stand repealed on December 31, 2024.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 63-21-16, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY LIENHOLDER WITH A FEDERAL EMPLOYER IDENTIFICATION NUMBER (EIN) MUST ELECTRONICALLY TRANSMIT THE SATISFACTION AND RELEASE AND DISCHARGE OF A LIEN ON A MOTOR VEHICLE TO THE DEPARTMENT OF REVENUE NOT LATER THAN 14 DAYS AFTER THE DATE OF SATISFACTION OF THE LIEN; TO AMEND SECTIONS 63-21-18 AND 63-21-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT, BEFORE A USED MOTOR VEHICLE PARTS DEALER OR SCRAP METAL PROCESSOR MAY PURCHASE OR RECEIVE A MOTOR VEHICLE FROM THE OWNER OR AUTHORIZED AGENT OF THE OWNER OF THE MOTOR VEHICLE FOR THE PURPOSE OF SCRAPPING, DISMANTLING OR DESTROYING THE MOTOR VEHICLE, THE USED MOTOR VEHICLE PARTS DEALER OR SCRAP METAL PROCESSOR MUST VERIFY THE ABSENCE OF ANY LIEN ON THE MOTOR VEHICLE; TO PROVIDE THAT IF A LIEN EXISTS ON THE MOTOR VEHICLE, THE USED MOTOR VEHICLE PARTS DEALER OR SCRAP METAL PROCESSOR MAY NOT PURCHASE OR RECEIVE THE MOTOR VEHICLE FOR THE PURPOSE OF SCRAPPING, DISMANTLING OR DESTROYING THE VEHICLE, AND IS PROHIBITED FROM PURCHASING OR RECEIVING THE MOTOR VEHICLE FOR SUCH PURPOSES DURING ANY TIME FOR WHICH A LIEN EXISTS ON THE MOTOR VEHICLE; TO PROVIDE THAT A USED MOTOR VEHICLE PARTS DEALER OR SCRAP METAL PROCESSOR MUST UTILIZE THE DEPARTMENT OF REVENUE'S AUTOMATED STATEWIDE MOTOR VEHICLE REGISTRATION SYSTEM FOR THE PURPOSE OF COMPLYING WITH SUCH REQUIREMENTS; TO AMEND SECTION 63-21-65, MISSISSIPPI CODE OF 1972, TO SPECIFY THE FUND CREATED WITHIN THE STATE TREASURY FOR FUNDS USED FOR ENFORCEMENT AND PERSONNEL AS THE "MOTOR VEHICLE TITLE AND REGISTRATION ENFORCEMENT FUND"; TO AMEND SECTION 63-21-75, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF REVENUE TO MAINTAIN EMPLOYEES TO ADMINISTER THE ENFORCEMENT OF THE MOTOR VEHICLE TITLE LAWS; TO AUTHORIZE THE COMMISSIONER OF REVENUE TO INVESTIGATE SUSPECTED CRIMINAL VIOLATIONS, AND TO GRANT THE COMMISSIONER AND ENFORCEMENT EMPLOYEES THE POWERS OF A PEACE OFFICER; AND FOR RELATED PURPOSES.
SS26\HB1589PS.J
Amanda White
Secretary of the Senate