MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Transportation; Ways and Means
By: Representative Miles, Montgomery, Ward
AN ACT TO AMEND SECTIONS 63-21-63, 63-21-64, 63-21-15 AND 63-21-65, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEES REQUIRED TO BE PAID TO THE STATE TAX COMMISSION FOR THE ISSUANCE OF CERTIFICATES OF TITLE AND OTHER DOCUMENTS UNDER THE MISSISSIPPI MOTOR VEHICLE AND MANUFACTURED HOUSING TITLE LAW; TO AUTHORIZE THE COMMISSION TO RETAIN A PORTION OF THE FEES COLLECTED FOR THE PURPOSE OF DEFRAYING THE COSTS OF THE COMMISSION IN PROVIDING EXPEDITED PROCESSING AND ISSUING OF SUCH DOCUMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 title............................ 9.00
(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
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.
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 2. Section 63-21-64, Mississippi Code of 1972, is amended as follows:
63-21-64. There shall be paid to the State Tax Commission for issuing and processing documents required by this chapter, fees for manufactured homes or mobile homes according to the following schedule:
(a) Each application for certificate
of title................................................ $ 9.00
(b) Each application for replacement or
corrected certificate of title.......................... 9.00
(c) Each suspension or revocation of
certificate of title.................................... 9.00
(d) Each notice of security interest.......... 9.00
(e) Each release of security interest......... 9.00
(f) Each assignment by lienholder............. 9.00
(g) Each application for information as to the
status of the title of a manufactured home or mobile home 9.00
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.
* * *
If more than one (1) transaction be involved in any application on a single manufactured home or mobile home and if supported by all required documents, the fee charged by the tax commission's designated agent for processing and issuing shall be considered as only one (1) transaction.
SECTION 3. Section 63-21-15, Mississippi Code of 1972, is amended as follows:
63-21-15. (1) The application for the certificate of title of a vehicle, manufactured home or mobile home in this state shall be made by the owner to a designated agent, on the form the State Tax Commission prescribes, and shall contain or be accompanied by the following, if applicable:
(a) The name, current residence and mailing address of the owner;
(b) (i) If a vehicle, a description of the vehicle, including the following data: year, make, model, vehicle identification number, type of body, the number of cylinders, odometer reading at the time of application, and whether new or used; and
(ii) If a manufactured home or mobile home, a description of the manufactured home or mobile home, including the following data: year, make, model number, serial number and whether new or used;
(c) The date of purchase by applicant, the name and address of the person from whom the vehicle, manufactured home or mobile home was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements;
(d) In connection with the transfer of ownership of a manufactured home or mobile home sold by a sheriff's bill of sale, a copy of the sheriff's bill of sale;
(e) (i) An odometer disclosure statement made by the transferor of a motor vehicle. The statement shall read:
"Federal and state law requires that you state the mileage in connection with the transfer of ownership. Failure to complete or providing a false statement may result in fine and/or imprisonment.
I state that the odometer now reads __________ (no tenths) miles and to the best of my knowledge that it reflects the actual mileage of the vehicle described herein, unless one (1) of the following statements is checked:
_____ (1) I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in excess of its mechanical limits.
_____ (2) I hereby certify that the odometer reading is not the actual mileage. WARNING-ODOMETER DISCREPANCY!"
(ii) In connection with the transfer of ownership of a motor vehicle, each transferor shall disclose the mileage to the transferee in writing on the title or on the document being used to reassign the title, which form shall be prescribed and furnished by the State Tax Commission. This written disclosure must be signed by the transferor and transferee, including the printed name of both parties.
Notwithstanding the requirements above, the following exemptions as to odometer disclosure shall be in effect:
1. A vehicle having a gross vehicle weight rating of more than sixteen thousand (16,000) pounds.
2. A vehicle that is not self-propelled.
3. A vehicle that is ten (10) years old or older.
4. A vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications.
5. A transferor of a new vehicle prior to its first transfer for purposes other than resale need not disclose the vehicle's odometer mileage.
(iii) Any person who knowingly gives a false statement concerning the odometer reading on an odometer disclosure statement shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of up to One Thousand Dollars ($1,000.00) or imprisonment of up to one (1) year, or both, at the discretion of the court. These penalties shall be cumulative, supplemental and in addition to the penalties provided by any other law; and
(f) For previously used manufactured homes and mobile homes that previously have not been titled in this state or any other state, a disclosure statement shall be made by the owner of the manufactured home or mobile home applying for the certificate of title. That statement shall read:
"I state that the previously used manufactured home or mobile home owned by me for which I am applying for a certificate of title, to the best of my knowledge:
_____ (1) Has never been declared a total loss due to flood damage, fire damage, wind damage or other damage; or
_____ (2) Has previously been declared a total loss due to:
_____ (a) Collision;
_____ (b) Flood;
_____ (c) Fire;
_____ (d) Wind;
_____ (e) Other (please describe): _______________
________________________________________________________________."
(2) The application shall be accompanied by such evidence as the State Tax Commission reasonably requires to identify the vehicle, manufactured home or mobile home and to enable the State Tax Commission to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle, manufactured home or mobile home and whether the applicant is liable for a use tax as provided by Sections 27-67-1 through 27-67-33.
(3) If the application is for a vehicle, manufactured home or mobile home purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of his security agreement and it shall be signed by the dealer as well as the owner. The designated agent shall promptly mail or deliver the application to the State Tax Commission.
(4) If the application is for a new vehicle, manufactured home or mobile home, it shall contain the certified manufacturer's statement of origin showing proper assignments to the applicant and a copy of each security interest document.
(5) Each application shall contain or be accompanied by the certificate of a designated agent that the vehicle, manufactured home or mobile home has been physically inspected by him and that the vehicle identification number and descriptive data shown on the application, pursuant to the requirements of subsection (1)(b) of this section, are correct, and also that he has identified the person signing the application and witnessed the signature. If the application is to receive a clear title for a vehicle for which a salvage certificate of title has been issued, the application shall be accompanied by a sworn affidavit that the vehicle complies with the requirements of this section, Section 63-21-39 and the regulations promulgated by the State Tax Commission under Section 63-21-39.
(6) If the application is for a first certificate of title on a vehicle, manufactured home or mobile home other than a new vehicle, manufactured home or mobile home, then the application shall conform with the requirements of this section except that in lieu of the manufacturer's statement of origin, the application shall be accompanied by a copy of the bill of sale of said motor vehicle, manufactured home or mobile home whereby the applicant claims title or in lieu thereof, in the case of a motor vehicle, certified copies of the last two (2) years' tag and tax receipts or in lieu thereof, in any case, such other information the State Tax Commission may reasonably require to identify the vehicle, manufactured home or mobile home and to enable the State Tax Commission to determine ownership of the vehicle, manufactured home or mobile home and the existence or nonexistence of security interest in it. If the application is for a vehicle, manufactured home or mobile home last previously registered in another state or country, the application shall also be accompanied by the certificate of title issued by the other state or country, if any, properly assigned.
(7) Every designated agent within this state shall, no later than the next business day after they are received by him, forward to the State Tax Commission by mail, postage prepaid, the originals of all applications received by him, together with such evidence of title as may have been delivered to him by the applicants.
(8) An application for certificate of title and information to be placed on an application for certificate of title may be transferred electronically as provided in Section 63-21-16.
(9) The State Tax Commission shall issue a certificate of title or any other document applied for under this chapter to the designated agent, owner or lienholder of the motor vehicle or of the manufactured home or mobile home, as appropriate, not more than thirty (30) days after the application and required fee prescribed under Section 63-21-63 or Section 63-21-64 are received unless the applicant requests expedited processing under subsection (10) of this section.
(10) (a) The State Tax Commission shall establish an expedited processing procedure for the receipt of applications and the issuance of certificates of title and any other documents issued under this chapter, except a replacement certificate of title as provided under Section 63-21-27(2), for motor vehicles and for manufactured homes or mobile homes. Any designated agent, lienholder or owner requesting the issuance of any such document, at his or her option, shall receive such expedited processing upon payment of a fee in the amount of Thirty Dollars ($30.00). Such fee shall be in addition to the fees applicable to the issuance of any such documents under Section 63-21-63 and Section 63-21-64. Two Dollars and Fifty Cents ($2.50) of each such fee shall be retained by the State Tax Commission to defray the costs of the commission in processing and issuing such documents.
(b) When expedited title processing is requested, the applicable fees are paid and all documents and information necessary for the Tax Commission to issue the certificate of title or other documents applied for are received by the commission, then the commission shall complete processing of the application and issue the title or document applied for within seventy-two (72) hours of the time of receipt, excluding weekends and holidays.
SECTION 4. Section 63-21-65, Mississippi Code of 1972, is amended as follows:
63-21-65. Except as provided in Section 63-21-15(10), the State Tax Commission shall pay into the General Fund the fees collected and paid to the commission 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 5. This act shall take effect and be in force from and after July 1, 2005.