Senate Bill 2391

AN ACT TO INCLUDE THE PUBLIC PURCHASE OF A FIRETRUCK WITHIN THE COVERAGE AFFORDED BY THE MOTOR VEHICLE WARRANTY ENFORCEMENT ACT; TO AMEND SECTION 63-17-153, MISSISSIPPI CODE OF 1972, TO STATE LEGISLATIVE FINDINGS; TO AMEND SECTION 63-17-155, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "CONSUMER" AND "MOTOR VEHICLE"; TO DEFINE THE TERM "PUBLIC VEHICLE" TO MEAN FIRETRUCKS; TO DEFINE THE TERM "PUBLIC CONSUMER" TO MEAN A PUBLIC FIRE DEPARTMENT OR VOLUNTEER FIRE DEPARTMENT THAT IS A CHARTERED NONPROFIT CORPORATION PROVIDING EMERGENCY SERVICES UNDER CONTRACT WITH A COUNTY OR MUNICIPALITY OR THE GOVERNMENTAL ENTITY THAT OWNS PUBLIC VEHICLES ON BEHALF OF THE PUBLIC CONSUMER; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-17-153, Mississippi Code of 1972, is amended as follows:

63-17-153. (1) (a) The Legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle creates a hardship for the consumer.

(b) The Legislature further recognizes that a public vehicle is a major public consumer purchase and that a defective public vehicle creates a hardship for a public consumer and the public at large who are served by that public consumer.

(2) It is the intent of the Legislature that a good faith motor vehicle warranty complaint by a consumer should be resolved by the manufacturer, or its agent, within a specified period of time. It is further the intent of the Legislature to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the express warranty issued by the manufacturer.

(3) However, nothing in Section 63-17-151 et seq. shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

SECTION 2. Section 63-17-155, Mississippi Code of 1972, is amended as follows:

63-17-155. As used in Sections 63-17-151 through 63-17-165, the following terms shall have the following meanings:

(a) "Collateral charges" means those additional charges to a consumer which are not directly attributable to the manufacturer's suggested retail price label for the motor vehicle. Collateral charges shall include, but not be limited to, dealer preparation charges, undercoating charges, transportation charges, towing charges, replacement car rental costs and title charges.

(b) "Comparable motor vehicle" means an identical or reasonably equivalent motor vehicle.

(c) "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, primarily used for personal, family, or household purposes, and any person to whom such motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. The term "consumer" includes a public consumer.

(d) "Express warranty" means any written affirmation of fact or promise made in connection with the sale of a motor vehicle by a supplier to a consumer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect-free or will meet a specified level of performance over a specified period of time. For the purposes of Section 63-17-151 et seq., express warranties do not include implied warranties.

(e) "Manufacturer" means a manufacturer or distributor as defined in Section 63-17-55.

(f) "Motor vehicle" means a vehicle propelled by power other than muscular power which is sold in this state, is operated over the public streets and highways of this state and is used as a means of transporting persons or property, but shall not include vehicles run only upon tracks, off-road vehicles, motorcycles, mopeds, electric bicycles, personal delivery devices, electric personal assistive mobility devices as defined in Section 63-3-103, or golf carts or low-speed vehicles as defined in Section 63-32-1, or parts and components of a motor home which were added on and/or assembled by the manufacturer of the motor home. "Motor vehicle" shall include demonstrators or lease-purchase vehicles as long as a manufacturer's warranty was issued as a condition of sale. The term "motor vehicle" includes a public vehicle.

(g) "Public consumer" means a public fire department or volunteer fire department that is a chartered nonprofit corporation providing emergency services under contract with a county or municipality or the governmental entity that owns public vehicles on behalf of the public consumer.

(h) "Public vehicle" means, exclusively, a motor vehicle designed, equipped, and operated primarily for fire suppression, fire prevention and rescue.

( * * *gi) "Purchase price" means the price which the consumer paid to the manufacturer to purchase the motor vehicle in a cash sale or, if the motor vehicle is purchased in a retail installment transaction, the cash sale price as defined in Section 63-19-3.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.