Bill Text | History of Actions | Background | Title |
Description: Salvage motor vehicles; provide for issuance of certificates of title.
Bill Text: [Introduced]
1 | 01/04 (H) Referred To Transportation | |
2 | 02/01 (H) Died In Committee |
Effective date | July 1, 2005 | |
Disposition | Dead | |
Deadline | General Bill/Constitutional Amendment | |
Revenue | No | |
Vote type required | Three/Fifths |
House Committee:
Principal Author: Moak
Code Sections: A 063-0021-0015, A 063-0021-0033, A 063-0021-0039
Title: AN ACT TO PROHIBIT ANY MOTOR VEHICLE FOR WHICH A SALVAGE OR JUNK CERTIFICATE OF TITLE HAS BEEN ISSUED FROM BEING OPERATED ON THE HIGHWAYS OF THIS STATE AND TO PROVIDE EXCEPTIONS THERETO; TO PROVIDE THAT WHEN THE FRAME OR ENGINE IS REMOVED FROM A MOTOR VEHICLE AND NOT IMMEDIATELY REPLACED BY ANOTHER FRAME OR ENGINE, OR WHEN AN INSURANCE COMPANY HAS MADE A SETTLEMENT FOR A TOTAL LOSS OF THE MOTOR VEHICLE, THE MOTOR VEHICLE SHALL BE CONSIDERED SALVAGE; TO REQUIRE THAT THE OWNER OF EVERY MOTOR VEHICLE IN WHICH TOTAL LOSS HAS OCCURRED TO MAKE APPLICATION FOR A SALVAGE CERTIFICATE OF TITLE WITHIN 72 HOURS AFTER THE LOSS OCCURS; TO PROVIDE THE TITLING PROCEDURE TO BE FOLLOWED BY AN INSURANCE COMPANY IF IT OBTAINS A MOTOR VEHICLE IN SETTLEMENT OF AN INSURANCE CLAIM AND THE VEHICLE IS NOT A TOTAL LOSS; TO PROVIDE THAT A TOTAL LOSS OCCURS WHEN AN INSURANCE COMPANY OR ANY OTHER PERSON PAYS OR MAKES OTHER MONETARY SETTLEMENT TO A PERSON WHEN A VEHICLE IS DAMAGED AND THE DAMAGE TO THE VEHICLE IS GREATER THAN OR EQUAL TO 75% OF THE FAIR RETAIL VALUE OF THE VEHICLE BEFORE DAMAGE; TO PROVIDE THAT ANY PERSON ACQUIRING OWNERSHIP OF A DAMAGED MOTOR VEHICLE THAT MEETS THE DEFINITION OF TOTAL LOSS AND FOR WHICH A SALVAGE CERTIFICATE OR TITLE HAS NOT BEEN ISSUED SHALL APPLY FOR A SALVAGE CERTIFICATE OF TITLE AND TO PROVIDE EXCEPTIONS THERETO; TO MAKE IT UNLAWFUL FOR JUNK YARDS AND AUTOMOBILE DISMANTLERS OR RECYCLERS TO HAVE IN THEIR POSSESSION ANY MOTOR VEHICLE THAT IS JUNK OR SALVAGE OR A TOTAL LOSS WHEN THE MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER PLATE OR PLATES HAVE BEEN REMOVED AND TO PROVIDE EXCEPTIONS THERETO; TO MAKE IT UNLAWFUL TO POSSESS, SELL OR EXCHANGE, OR GIVE AWAY A CERTIFICATE OF TITLE, MANUFACTURER'S IDENTIFICATION NUMBER PLATE, OR MOTOR VEHICLE LICENSE PLATE OF ANY MOTOR VEHICLE THAT HAS BEEN SCRAPPED, DISMANTLED OR SOLD AS JUNK OR SALVAGE OR AS A TOTAL LOSS CONTRARY TO THIS ACT; TO PROVIDE FOR THE ISSUANCE OF A SALVAGE CERTIFICATE OF TITLE BY THE STATE TAX COMMISSION AND TO PROVIDE THE FEE THEREFOR; TO AUTHORIZE THE STATE TAX COMMISSION TO ISSUE A CERTIFICATE OF TITLE TO ANY MOTOR VEHICLE FOR WHICH A SALVAGE CERTIFICATE OF TITLE HAS BEEN ISSUED IF THE VEHICLE HAS BEEN COMPLETELY RESTORED TO ITS OPERATING CONDITION WHICH EXISTED BEFORE THE EVENT THAT CAUSED THE SALVAGE CERTIFICATE OF TITLE TO BE ISSUED AND TO PROVIDE THE PROCEDURE FOR OBTAINING A CERTIFICATE OF TITLE FOR SUCH A VEHICLE; TO PROVIDE THAT A SALVAGE VEHICLE THAT HAS BEEN RESTORED TO ITS OPERATING CONDITION WHICH EXISTED BEFORE THE EVENT WHICH CAUSED THE SALVAGE CERTIFICATE OF TITLE TO BE ISSUED SHALL BE ISSUED A CERTIFICATE OF TITLE WHICH SHALL CONTAIN THE WORD "REBUILT"; TO PROVIDE THAT EACH SALVAGE VEHICLE THAT IS REBUILT SHALL BE ISSUED A DECAL, PLATE OR OTHER EMBLEM AS PRESCRIBED BY THE DEPARTMENT OF PUBLIC SAFETY TO REFLECT THAT THE VEHICLE IS REBUILT; TO REQUIRE THAT ANY PERSON WHO SELLS OR OTHERWISE TRANSFERS ANY INTEREST IN ANY VEHICLE FOR WHICH A TITLE BEARING THE DESIGNATION "SALVAGE" OR "REBUILT" HAS BEEN ISSUED SHALL DISCLOSE IN WRITING THE EXISTENCE OF THIS TITLE TO THE TRANSFEREE; TO AMEND SECTIONS 63-21-15, 63-21-33 AND 63-21-39, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
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2005/html/History/HB/HB0092.htm