Amendment_Report_for

SECTION 1. Section 63-21-21, Mississippi Code of 1972, is amended as follows:

63-21-21. (1) The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner. If the original certificate of title is delivered to a lienholder, a nontransferable duplicate certificate of title shall be mailed to the owner to serve as a permit for operation of the motor vehicle or use or occupancy of the manufactured home or mobile home.

(2) The State Tax Commission shall mail the certificate of title to the owner or lienholder of a motor vehicle, as appropriate, not more than thirty (30) days after the application and required fee are received; however, if the application and required fee are delivered in person to the appropriate offices of the State Tax Commission by the person entitled to the certificate of title, the certificate of title shall be issued to the person within seventy-two (72) hours.

SECTION 2. Section 63-21-37, Mississippi Code of 1972, is amended as follows:

63-21-37. (1) The State Tax Commission, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other documents required by the commission, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner. The State Tax Commission shall mail the certificate of title to the owner or lienholder of a motor vehicle, as appropriate, not more than thirty (30) days after the properly assigned certificate of title, application for a new certificate of title and required fee are received; however, if the assigned certificate of title, the application for a new certificate of title and required fee are delivered in person to the appropriate offices of the State Tax Commission by the person entitled to the certificate of title, the certificate of title shall be issued to the person within seventy-two (72) hours.

(2) The commission, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the commission, the commission shall make demand therefor from the holder thereof.

(3) The commission shall file every surrendered certificate of title, or a microfilm of every such certificate, for a period of time deemed necessary by it in order to permit the tracing of title of the vehicle, manufactured home or mobile home designated therein.

SECTION 3. Section 63-21-45, Mississippi Code of 1972, is amended as follows:

63-21-45. (1) If an owner creates a security interest in a vehicle, manufactured home or mobile home:

(a) The owner shall immediately execute the application in the space provided therefor on the certificate of title, or on a separate form the State Tax Commission prescribes to name the lienholder on the certificate showing the name and address of the lienholder and the date of his security agreement, and cause the certificate, application and the required fee to be delivered to the lienholder.

(b) The lienholder shall immediately cause the certificate, application and required fee to be mailed or delivered to a county tax collector or a designated agent.

(c) Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to a county tax collector or a designated agent or, upon receipt from the subordinate lienholder of the owner's application and the required fee, mail or deliver them to a county tax collector or a designated agent with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his security agreement.

(d) Upon receipt of the certificate of title, application and the required fee, the State Tax Commission shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it. If the certificate of title is for a motor vehicle, the State Tax Commission shall mail the certificate of title to the lienholder of a motor vehicle not more than thirty (30) days after the certificate of title, application and the required fee are received.

(2) Information evidencing a bank or lending institution's lien or other security interest in a motor vehicle's, manufactured home's or mobile home's certificate of title may be transferred by electronic means as provided in Section 63-21-16.

SECTION 4. Section 63-21-63, Mississippi Code of 1972, is amended as follows:

63-21-63. There shall be paid to the State Tax Commission for issuing and processing documents required by this chapter, fees according to the following schedule:

(1) Each application for certificate of title....... $9.00

(2) Each application for replacement or corrected certificate of title9.00

(3) Each suspension or revocation of certificate

of title................................................... 9.00

(4) Each notice of security interest................. 9.00

(5) Each release of security interest................ 9.00

(6) Each assignment by lienholder.................... 9.00

(7) Each application for information as to

the status of the title of a vehicle....................... 9.00

(8) Each application for a certificate of title

when delivered in person to the appropriate office of

the State Tax Commission by the person entitled to the

of title.................................................. 25.00

The designated agent may add the sum of One Dollar ($1.00) to each document processed for which a fee is charged to be retained as his commission for services rendered. All other fees collected shall be remitted to the State Tax Commission.

For each fee collected according to the schedule provided in this section, Two Dollars and Fifty Cents ($2.50) of each such fee shall be paid to the State Tax Commission to defray the costs of the commission in processing and issuing such documents. The disposition of fees collected under this section shall be governed by the provisions of this section and not by any other provisions of this section.

If more than one (1) transaction be involved in any application on a single vehicle and if supported by all required documents, the fee charged by the State Tax Commission and by the designated agent for processing and issuing shall be considered as only one (1) transaction.

SECTION 5. Section 63-21-65, Mississippi Code of 1972, is amended as follows:

63-21-65. Except as provided in Sections 63-21-63 and 63-21-64, the State Tax Commission shall pay into the General Fund the fees collected under this chapter. As much of such fees as authorized by the Legislature shall be used by the State Tax Commission to defray the cost of carrying out the duties of the State Tax Commission, including the maintenance of the automated statewide motor vehicle and manufactured housing registration system.

SECTION 6. This act shall take effect and be in force from and after July 1, 2004.