MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Transportation; Ways and Means

By: Representative Roberson

House Bill 635

AN ACT TO AMEND SECTIONS 63-13-11 AND 63-13-19, MISSISSIPPI CODE OF 1972, TO REQUIRE OFFICIAL MOTOR VEHICLE INSPECTION STATIONS AND MOTOR VEHICLE DEALERS AUTHORIZED TO PERFORM VEHICLE SAFETY INSPECTIONS TO PRESENT A RECEIPT TO THE OPERATOR OF EACH VEHICLE FOR WHICH A CERTIFICATE OF INSPECTION IS ISSUED; TO AMEND SECTION 27-19-43, MISSISSIPPI CODE OF 1972, TO PROHIBIT A TAX COLLECTOR FROM ISSUING A LICENSE TAG OR SUBSTITUTE TAG OR DECAL FOR ANY VEHICLE REQUIRED TO BE INSPECTED UNDER THE MISSISSIPPI MOTOR VEHICLE SAFETY INSPECTION LAW UNLESS THE APPLICANT PRESENTS TO THE TAX COLLECTOR A RECEIPT INDICATING THAT A VALID OFFICIAL CERTIFICATE OF INSPECTION HAS BEEN ISSUED FOR THE VEHICLE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-13-11, Mississippi Code of 1972, is amended as follows:

63-13-11. (1) A fee of Five Dollars ($5.00) shall be charged for an inspection and issuance of a certificate of inspection for vehicles registered in this state. A fee of Ten Dollars ($10.00) shall be charged for an inspection and issuance of a certificate of inspection for vehicles registered in another state unless a reciprocal agreement, as provided for in Section 63-13-7 has been approved, in which event no Mississippi certificate of inspection shall be required. The fee for state registered vehicles shall include a charge of Two Dollars ($2.00) per certificate of inspection, which shall be remitted to the Mississippi Department of Public Safety. The fee for motor vehicles registered in another state includes a charge of Nine Dollars ($9.00) per certificate of inspection, which shall be remitted to the Department of Public Safety. The funds so received by the department shall be deposited in the General Fund of the State Treasury in accordance with the provisions of Section 45-1-23(2). The portion of the fee which is not remitted to the department may be retained by the official inspection stations.

(2) At the time that a certificate of inspection is issued, the official issuing the certificate shall provide to the operator of the vehicle an official receipt on a form prescribed by the Commissioner of Public Safety. The receipt shall contain the vehicle's identification number (VIN); the make, model and color of the vehicle; the license tag number of the vehicle, including year and month of expiration; and such other information as the Commissioner of Public Safety may prescribe. The receipt shall be retained by the vehicle owner and presented to the tax collector at the time of registration or renewal of a license tag for the vehicle.

SECTION 2. Section 63-13-19, Mississippi Code of 1972, is amended as follows:

63-13-19. (1) Every licensed new and used car and/or truck dealer doing business in this state shall inspect or have inspected every new and used vehicle sold by such dealer in the manner prescribed by Section 63-13-9, and shall affix an official dealer's inspection certificate, which shall be furnished by the commissioner of public safety, to each new and used vehicle, if such dealer is authorized to make inspections. If such dealer is not so authorized, such dealer shall have such vehicle inspected by an authorized inspection station. No new or used vehicle shall be sold that does not have a properly affixed and current inspection certificate. Such certificates shall be valid until the next official inspection is required.

(2) At the time that a certificate of inspection is issued, the dealer or official issuing the certificate shall provide to the operator of the vehicle an official receipt on a form as prescribed in Section 63-13-11(2). The receipt shall be retained by the vehicle owner and presented to the tax collector at the time of registration or renewal of a license tag for the vehicle.

(3) The Commissioner of Public Safety may suspend or revoke, for any reasonable time not to exceed one year, the privilege of any dealer to make such an inspection and affix such dealer's inspection certificate to his vehicle upon abuse of any dealer of this right.

(4) No person or persons other than those described in this section shall issue a dealer's certificate of inspection and approval.

SECTION 3. Section 27-19-43, Mississippi Code of 1972, is amended as follows:

27-19-43. (1) License tags, substitute tags and decals for individual fleets and for private carriers of passengers, school buses (excluding school buses owned by a school district in the state), church buses, taxicabs, ambulances, hearses, motorcycles and private carriers of property, and private commercial carriers of property of a gross weight of ten thousand (10,000) pounds and less, shall be sold and issued by the tax collectors of the several counties. However, no license tag or substitute tag or decal shall be issued by a tax collector for any vehicle required to be inspected under the Mississippi Motor Vehicle Safety Inspection Law unless the applicant presents to the tax collector at the time of registration or renewal of a license tag or decal for the vehicle a receipt issued under Chapter 13, Title 63, Mississippi Code of 1972, indicating that a valid official certificate of inspection has been issued for the vehicle.

(2) Applications for license tags for motor vehicles in a corporate fleet registered under Section 27-19-66, and applications for all other license tags, substitute tags and decals shall be filed with the commission or the local tax collector of the respective counties and forwarded to the commission for issuance to the applicant. All tags and decals for vehicles owned by the state or any agency or instrumentality thereof, and vehicles owned by a fire protection district, school district or a county or municipality, and all vehicles owned by a road, drainage or levee district shall be issued by the commission.

(3) In addition to the privilege taxes levied herein, there shall be collected the following registration or tag fee:

(a) For the issuance of both a license tag and two (2) decals, a fee of Five Dollars ($5.00).

(b) For the issuance of up to two (2) decals only, a fee of Three Dollars and Seventy-five Cents ($3.75).

No tag or decal shall be issued either by a tax collector or by the commission without the collection of such registration fee except substitute tags and decals and license tags for vehicles owned by the State of Mississippi.

Beginning July 1, 1987, and until the date specified in Section 65-39-35, there shall be levied a registration fee of Five Dollars ($5.00) in addition to the regular registration fee imposed in paragraphs (a) and (b) of this subsection. Such additional registration fee shall be levied in the same manner as the regular registration fee.

SECTION 4. This act shall take effect and be in force from and after July 1, 2001.